Pascua

We consider whether former § 212(c) of the Immigration and Nationality Act (“INA”) applies in deportation proceedings that commenced before the April 1, 1997, effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), even if the proceedings include deportation charges based on post-IIRIRA offenses. Following the Second and Fifth Circuits, we hold that former § 212(c) does apply in such circumstances.

I

Twice, Jhonnalyn Pascua, a lawful permanent resident since 1983, has been con victed of drug and weapons offenses in California. In 1995, she pleaded guilty to charges stemming from her simultaneous possession in a vehicle of a firearm and methamphetamine. In 2005, a jury convicted her of similar charges for possessing methamphetamine and ammunition in her home.

The Immigration and Naturalization Service (“INS”) commenced deportation proceedings in 1996, alleging, based on the 1995 convictions, that Pascua was deportable for a firearms offense and a controlled substance offense under INA § 241(a)(2)(C) and § 241(a)(2)(B)®, respectively. But, by the time Pascua was convicted of the 2005 crimes, her case was still before an…