Gutierrez-Perez
Gutierrez-Perez v. Fasano
Opinion
Opinion
Gonzalez, J.
ORDER GRANTING PETITIONER’S REQUEST FOR RELIEF UNDER 28 U.S.C. § 2241 [Doc. No. 1]
BACKGROUND
Petitioner Jose Manuel Gutierrez-Perez is a Mexican citizen who became a lawful permanent resident of the United States in the early 1990s. In August 1993, petitioner was convicted of conspiracy to manufacture methamphetamine in violation of California Penal Code § 182(1). The Immigration and Naturalization Service (“INS”) commenced deportation proceedings against him on February 5, 1996. Shortly thereafter, petitioner applied for discretionary relief from deportation under section 212(c) of the Immigration and Nationality Act (“INA”). On April 26, 1996, Congress enacted the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), which, among other things, made deportable aliens convicted of certain offenses ineligible for section 212(c) relief. On November 26, 1996, an immigration court judge denied petitioner’s request -for discretionary relief and ordered him deported. The Board of Immigration Appeals (“BIA”) denied his appeal on September 15, 1998, finding him “statutorily ineligible” for section 212(c) relief because of AEDPA. (Return, Ex. at 2 (09/15/98 Decision of…