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Yang v. Immigration and Naturalization Service

March 18, 1997

TER YANG, ALSO KNOWN AS RICKY YANG,

PETITIONER,

v.

IMMIGRATION AND NATURALIZATION SERVICE,

RESPONDENT.

ELIZARDO TERRAZAS-GARCIA,

PETITIONER,

v.

IMMIGRATION AND NATURALIZATION SERVICE,

RESPONDENT.

DIMITRIOS KATSOULIS,

PETITIONER,

v.

IMMIGRATION AND NATURALIZATION SERVICE,

RESPONDENT.

JELICA BICANIN, ALSO KNOWN AS JELICA MURATI,

PETITIONER,

v.

IMMIGRATION AND NATURALIZATION SERVICE,

RESPONDENT.



Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.

No. 95 CR 302

Before CUMMINGS, EASTERBROOK, and RIPPLE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Petitions for Review of Orders of the Board of Immigration Appeals

ARGUED JANUARY 24, 1997

DECIDED MARCH 18, 1997

These deportation cases pose questions about the meaning and constitutionality of parts of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. 104-132, 110 Stat. 1214 (Apr. 24, 1996), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRA), Division C of Pub. L. 104-208, 110 Stat. 3009 (Sept. 30, 1996). The IIRA rewrote the rules for both deportation (renamed "removal") and judicial review, but most of its rules apply only to proceedings commenced on or after April 1, 1997. See INS v. Yueh-Shaio Yang, 117 S. Ct. 350, 352 n.1 (1996); Lalani v. Perryman, 105 F.3d 334, 335-37 (7th Cir. 1997). For earlier proceedings the former law, as modified by the AEDPA, applies. Under this body of law, a final order of deportation is reviewable in the court of appeals, but with an exception created by sec. 440(a) of the AEDPA (as amended by sec. 306(d) of the IIRA), amending sec. 106(a)(10) of the Immigration and Nationality Act (INA), 8 U.S.C. sec. 1105a(a)(10):

Any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2)(A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 241(a)(2)(A)(i), shall not be subject to review by any court.

Section 241 is codified as 8 U.S.C. sec. 1251. The pertinent portions of this law, including an amendment made by sec. 435(a) of the AEDPA, read:

(a) Any alien (including an alien crewman) in the United States shall, upon the order of the Attorney General, be deported if the alien is within one or more of the following classes of deportable aliens:

. . .

(2) Criminal offenses.

(A) General crimes.

(i) Crimes of moral turpitude. Any alien who--

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(i) [8 U.S.C. sec. 1255(i)]) after the date of entry, and

(II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable.

(ii) Multiple criminal convictions. Any alien who at any time after entry is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.

(iii) Aggravated felony. Any alien who is convicted of an aggravated felony at any time after entry is deportable.

(iv) Waiver authorized. Clauses (i), (ii), and (iii) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of ...


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