Second Circuit — Immigration — Order of Deportation: United States v. Gill

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U.S. Court of Appeals for the Second Circuit 

Immigration — Order of Deportation

Aggravated Felony — Pre-Repeal of Section 212 (c)

United States v. Gill
12-2207-cr
Judges Katzmann, Winter and Calabresi

Background: At issue is whether the defendant can sustain a collateral challenge to his order of deportation, which is a defense to a prosecution for illegal reentry.

Ruling: The Second Circuit held vacated and remanded. Prior to 1996, former section 212(c) of the Immigration and Nationality Act provided many noncitizens convicted of aggravated felonies with opportunity to seek relief from deportation. However, section 212 (c) has been repealed and may have an impermissible retroactive effect. The Second Circuit concluded that noncitizens like the defendant ineligible for relief merely because they were convicted after trial would have such an impermissible effect because it would attach new legal consequences to conviction that pre-dated repeal of section 212(c).

Joseph J. Karaszewski, assistant United States attorney, for the appellee; Michael J. Stachowski for the defendant-appellant