Sildora

MEMORANDUM ***

We have jurisdiction to determine if Sildora is an alien who committed a crime of moral turpitude. 1 The Immigra *877 tion Act renders removable aliens who commit a crime of moral turpitude “for which a sentence of one year or longer may be imposed.” 2 Sildora was convicted of manslaughter, 3 which in Hawaii carries a possible sentence of up to ten years. 4 Sildora only served a sentence of 364 days. Nevertheless, Sildora was convicted of a crime for which the judge may have, in his discretion, imposed a sentence of over one year. Sildora therefore committed a crime of moral turpitude as defined by statute and is ineligible for relief from deportation.

We have no jurisdiction to address Sildora’s claim that he is eligible for cancellation of removal.

Section 304 of the Immigration Reform Act repealed the criteria for discretionary relief for deportation previously found in section 212(c) of the Immigration Act, 6 and replaced it with a new “Cancellation of Removal” proceeding. 7 Sildora argues that it is unconstitutional to apply this provision to him retroactively. We addressed this exact issue in Richards-Diaz v. Fasano, 8 and concluded that Congress intended…