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· 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

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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.