GOMEZ-GIRALDO

Citations

• 20 I. & N. Dec. 957

Syllabus

GOMEZ-GIRALDO, 20 I&N Dec. 957 (BIA 1995) ID 3242 (PDF) As Congress manifestedits intent that the aggravated felony bar of section 212(c) of the Immigrationand Nationality Act, 8 U.S.C. § 1182(c) (Supp. V 1993), be appliedretroactively to all convictions for offenses described in the originalaggravated felony definition of section 101(a)(43) of the Act, 8 U.S.C.§ 1101(a)(43) (1988), regardless of when the conviction was entered,and as the retroactive application of the bar does not offend any of theconcerns underlying the presumption against the retroactive operationof new statutes, the decision of the Board of Immigration Appeals in Matterof A-A-, 20 I&N Dec. 3176 (BIA 1992), is consistent with the SupremeCourt's holdings in Landgraf v. USI Film Products, U.S. , 114 S. Ct. 1483(1994), and Rivers v. Roadway Express, Inc., U.S. , 114 S. Ct. 1510 (1994),and is accordingly reaffirmed.