Leroy BLAKE, Petitioner,
v.
John P. CARBONE, Field Officer Director of New York City, U.S. Immigration and Customs Enforcement, Michael Chertoff, Secretary, Department of Homeland Security, Michael J. Garcia, Assistant Secretary (Designee), United States Immigration and Customs Enforcement, Department of Homeland Security, United States Immigration and Customs Enforcement, Respondents;
Errol Anthony Foster, also known as Errol Foster, also known as Errol A. Foster, Petitioner,
v.
Alberto Gonzales, Attorney General, Respondent;
Aundre Singh, Petitioner,
v.
Alberto Gonzales, Attorney General of the United States, Michael Chertoff, Secretary of Department of Homeland Security, Respondents;
Ho Yoon Chong, Petitioner,
v.
Attorney General of the United States, Respondent.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: February 15, 2007.
Decided: June 1, 2007.
Attorney(s) appearing for the Case
Matthew L. Guadagno, Bretz & Coven LLP, New York, NY (Kerry W. Bretz, Jules E. Cove, on the brief), for Petitioners Leroy Blake and Ho Yoon Chong.
Lewis J. Liman, Cleary Gottlieb Steen & Hamilton LLP, New York, NY (Michael M. Rosencraft, on the brief), for Petitioner Errol A. Foster.
Benoit Quarmby & Daniel M. Segal, Shearman & Stearling, New York, NY, for Petitioner Aundre Singh.
Jennifer M. Green, Center for Constitutional Rights, New York, NY (Shayana Kadidal, William J. Aceves, Beth Stephens, on the brief), amicus curiae in support of Petitioners.
Dione M. Enea, Assistant United States Attorney on behalf of Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Scott Dunn, Assistant United States Attorney, on the brief), for Respondents.
Margaret M. Kolbe, Assistant United States Attorney on behalf of Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Scott Dunn, Assistant United States Attorney, on the brief), for Respondents.
At issue is a judicial amendment to an unconstitutional statute now repealed. In most cases, repeal would obviate judicial review. But this statute, and its judicial alteration, continue to affect the lives of lawful permanent residents whose criminal convictions imperil their stay in the United States. Former § 212(c) of the Immigration and Nationality Act ("INA"), the statutory provision at issue...
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