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RUIZ-ALMANZAR v. RIDGE

Docket No. 05-4380-AG.

485 F.3d 193 (2007)

Dario RUIZ-ALMANZAR, Petitioner, v. Thomas RIDGE, Secretary, Department of Homeland Security, Michael J. Garcia, Assistant Secretary, Bureau of Immigration and Customs Enforcement, Edward J. McElroy, Interim New York City Director, Bureau of Immigration and Customs Enforcement, Bureau of Immigration and Customs Enforcement, Department of Homeland Security, Respondents.

United States Court of Appeals, Second Circuit.

Decided: May 8, 2007.

Attorney(s) appearing for the Case

Matthew L. Guadagno (Jules E. Coven and Kerry W. Bretz, on the brief), New York, N.Y., for Petitioner.

Andrew M. McNeela (Kathy S. Marks, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, N.Y.

Before SOTOMAYOR and KATZMANN, Circuit Judges, and GERTNER, District Judge.

KATZMANN, Circuit Judge.

In 1996, Congress amended the Immigration and Nationality Act ("INA") to provide that certain discretionary relief under § 212(c) would no longer be available to aliens who are "deportable by reason of having committed" any of a number of specified criminal offenses. 8 U.S.C. § 1182(c) (repealed 1996). Petitioner, an alien deportable under this provision, claims that he is nonetheless eligible for § 212(c) relief if he applies...

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