Reynaldo Angulo-Dominguez v. John Ashcroft, Attorney General

I.

Reynaldo Angulo-Dominguez appeals the district court’s order denying his application for a writ of habeas corpus under 28 U.S.C. § 2241 . Angulo-Dominguez contends that his deportation order violated the Constitution and the Immigration and Nationality Act (“INA”), because he was erroneously denied eligibility for relief under the Registry Statute (“Registry Statute”). INA § 249, 8 U.S.C. § 1259 . Following the parties’ initial briefing, we ordered additional briefing, in light of INS v. St. Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001), directed to the question whether Angulo-Dominguez qualified for a discretionary waiver of deportation under the prevailing interpretation of INA § 212(c), 8 U.S.C. § 1182 (c), at the time of his 1990 conviction. We affirm the district court’s conclusion that Angulo-Dominguez is not eligible for relief under the Registry Statute. We remand the balance of this case to the district court to consider in light of the Supreme Court’s ruling in INS v. St. Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001).

II.

Angulo-Dominguez is a native and citizen of Mexico. He entered the United States at Nogales, Arizona with his parents…