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· 3/23/2001

Gyno Domond v. United States Immigration and Naturalization Service

Citations

  • 244 F.3d 81
  • 2001 U.S. App. LEXIS 4514
  • 2001 WL 282645

How courts have described this case

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

  • holding that aliens who entered guilty pleas after the new law went into effect could not establish impermissible retroactivity
  • holding that aliens who entered guilty pleas after the new law went into effect could not establish impermissible retroactivity
  • holding that Congress rationally could have decided to encourage criminal aliens to voluntarily leave the country as an incentive to a potential waiver of removal when they sought to return
  • differentiating Domond's reliance and expectation concerns from those presented in St. Cyr, because, in the latter case, “both criminal conduct and guilty pleas pre-dated AEDPA.”
  • noting that “it would border on the absurd to argue that Domond would have decided not to commit a crime if he had known that he not only could be imprisoned, but also could face deportation without the availability of a discretionary waiver of deportation”
  • “[I]t cannot reasonably be argued that aliens committed crimes in reliance on a hearing that might possibly waive their deportation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, Winter, Pooler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.