· 7/11/1997
Mojica v. Reno
Citations
- 970 F. Supp. 130
- 1997 WL 400734
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- deriving from same analytic method conclusion that section 440(d) does not apply to convictions predating AEDPA’s enactment
- listing statutes from California, Connecticut, Massachusetts, New York, Ohio, Oregon, Texas, and Washington
- decided two months before Gomez-Hernandez’s deportation hearing, and holding that Section 212(c) relief was available to aliens who pleaded guilty to aggravated felonies before AEDPA was enacted
- “The AEDPA does not amend, or even mention, section 2241 of Title 28”
- deference is “wholly inappropriate” where the Attorney General’s conclusion that AED-PA section 440(d) applied to pending cases was “not based on statutory construction but rather on her interpretation of judicial default rules enunciated by the Supreme Court”
- court lacked jurisdiction under § 2241 to address habeas petition
Source: CourtListener parenthetical corpus (CC0).
Judges: Weinstein
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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