· 1/26/1999
Federal Case
Citations
- 166 F.3d 225
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that AEDPA S 440(d) does not apply retroactively to cases pending on the date of AEDPA's enactment
- explaining that the BIA’s decision as to the effective date of a statute does not receive Chevron deference because the issue “is not one that implicates agency expertise in a meaningful way”
- applying presumption against retroactivity as one of “traditional tools of statutory construction” Chevron directs courts to apply in ascertaining Congress’ intent
- declining to reach the Equal Protection issue because Section 440(d) was found inapplicable to the petitioner
- examining the propositions established by the Supreme Court in Felker, Yerger, and McCardle
- explaining that “a title alone is not controlling”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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