· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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