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FERGUSON v. U.S. ATTY. GEN.

No. 08-10806.

563 F.3d 1254 (2009)

Sandra FERGUSON, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

March 31, 2009.

Attorney(s) appearing for the Case

H. Glenn Fogle, Jr., Leslie A. Diaz, The Fogle Law Firm, LLC, Atlanta, GA, for Ferguson.

Joseph D. Hardy, David V. Bernal, Jeffery R. Leist, Luis E. Perez, Blair T. O'Connor, U.S. Dept. of Justice, Civ.Div., OIL, Washington, DC, for Respondent.

Before BIRCH, HULL and FAY, Circuit Judges.

HULL, Circuit Judge:

This petition requires us to address a question that has divided the other circuits and presents an issue of first impression in ours. Does IIRIRA's1 repeal of the INA's § 212(c) waiver provision2 have an impermissible retroactive effect on aliens, like Sandra Ferguson, who were convicted of deportable criminal offenses before IIRIRA's effective date?

Until April 1, 1997 (the...

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