Duldulao

A provision of the Antiterrorism and Effective Death Penalty Act of 1996 denies judicial review of deportation orders involving aliens convicted of firearms offenses. We must decide whether the new law applies to petitions pending in this court on the date of its enactment.

I

Alfredo Aries Duldulao, Jr., a native of the Philippines, entered the United States as a lawful permanent resident in 1975. In 1989 Duldulao was convicted in the Circuit Court of the State of Hawaii of two firearm offenses in violation of section 134 of the Hawaii Revised Statutes.

Before Duldulao’s scheduled release from prison in August 1994, the Immigration and Naturalization Service (“INS”) issued and served an order to show cause charging that Duldulao was subject to deportation under section 241(a)(2)(C) of the Immigration and Nationality Act (“INA”) (codified as amended at 8 U.S.C. § 1251 (a)(2)(C)) for his firearm convictions. 1 Duldulao conceded at his deportation hearing held August 19, 1994, that he was deportable under section 241(a)(2)(C). He applied, however, for an adjustment of status under INA section 245 (codified as amended at 8 U.S.C. § 1255 ). The Immigration Judge (“U”) denied the…