Song

ORDER ISSUING STAY OF DEPORTATION

I. INTRODUCTION

This motion for a stay of deportation arises in connection with Young Hak Song’s petition for a writ of habeas corpus. His petition challenges the conclusion by the Immigration and Naturalization Service (“INS”) that he cannot be considered for discretionary relief from deportation because he was convicted of an “aggravated felony.” Petitioner challenges this decision on two grounds. First, Petitioner contends that the identification of his 1996 conviction as an “aggravated felony” is impermissibly retroactive because it was not an “aggravated felony” at the time of conviction. Second, Petitioner contends that the denial of consideration for Immigration and Naturalization Act (“INA”) § 212(h) relief violates equal protection even if he was convicted of an “aggravated felony,” because illegal immigrants conviet-ed of aggravated felonies are eligible for consideration while legal immigrants convicted of the same crimes are not. Petitioner moves for a stay of deportation while this Court considers these challenges to the INS’s conclusions.

In opposition, the government first contends that Petitioner’s sole avenue for judicial…