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DOMOND v. U.S. I.N.S.

Docket No. 99-2619.

244 F.3d 81 (2001)

Gyno DOMOND, Petitioner-Appellee, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: March 23, 2001.

Attorney(s) appearing for the Case

James K. Filan Jr., Assistant United States Attorney for the District of Connecticut, New Haven, Conn. (David W. Ogden, Acting Assistant Attorney General, Civil Division, Stephen C. Robinson, United States Attorney for the District of Connecticut, Quynh Vu, Office of Immigration Litigation, Washington, DC, on the brief) for Defendant-Appellant.

Nancy Morawetz, New York, N.Y. (Michael G. Moore, Springfield, MA, on the brief) for Petitioner-Appellee.

Before CARDAMONE, WINTER and POOLER, Circuit Judges.

POOLER, Circuit Judge:

Before Congress passed the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"), legal resident aliens facing deportation for the commission of crimes were entitled to Section 212(c) hearings, named for the section of the Immigration and Naturalization Act authorizing them. At a Section 212(c) hearing, deportees could win a discretionary waiver of deportation by arguing the equities weighed in favor of their remaining in the United...

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