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ATKINSON v. ATTORNEY GENERAL OF U.S.

No. 05-1099.

479 F.3d 222 (2007)

Claudius ATKINSON, Appellant. v. *ATTORNEY GENERAL OF the UNITED STATES. *(Amended in accordance with Clerk's Order dated 3/16/06)

United States Court of Appeals, Third Circuit.

Opinion Filed March 8, 2007.

Attorney(s) appearing for the Case

Steven A. Morely, Esquire (ARGUED), Morley, Surin & Griffin, P.C., Philadelphia, PA, for Appellant.

Patrick L. Meehan, Esquire, United States Attorney, Robert A. Zauzmer, Esquire, Assistant United States Attorney, Susan R. Becker, Esquire (ARGUED), Assistant United States Attorney, Chief of Appeals, Paul Mansfield, Esquire, Assistant United States Attorney, Virginia A. Gibson, Esquire, Assistant United States Attorney, Chief, Civil Division, Philadelphia, PA, for Appellee.

Before SMITH, WEIS and ROTH, Circuit Judges.

ROTH, Circuit Judge.

If the Supreme Court has determined that the repeal of a law has an impermissible retroactive effect on a particular group, does that determination render the law impermissibly retroactive in its application to other groups affected by the repeal? That is the question before us in this appeal.

I. Factual Background and Procedural History

Claudius Atkinson is a citizen of Jamaica who entered the United States...

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