Alfredo A. Kolster v. Immigration and Naturalization Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that 440 (a) of Antiterrorism and Effective Death Penalty Act (\AEDPA\) divests court of appeals of jurisdiction to hear petitions for review
• noting that the court “[had] no reason to think [the alien’s guilty plea] was induced by reliance on discretionary relief under section 212(c
• emphasizing that AED-PA’s restrictions on judicial review “do[ ] not offend the Constitution,” because “at least the habeas corpus review provided by the Constitution remains available to aliens”
• INS agreed that “any habeas review that is required by the Constitution remains available”
• “Because at least the habeas corpus review provided by the Constitution remains available to aliens covered by section 440(a), we find that the prohibition of judicial review in section 440(a) does not offend the Constitution.”
• “For jurisdictional statutes, the presumption is in favor of immediate applica-tion_”

Source: CourtListener parenthetical corpus (CC0).