United States v. Isidro Ubaldo-Figueroa

In this appeal, we address challenges concerning the retroactivity of two provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). First, we consider a due process challenge to the retroactive application of IIRIRA § 321, which broadened the definition of deportable offenses classified as “aggravated felonies.” Congress expressly made the broadened definition retroactive.

Second, we consider the retroactive reach of IIRIRA § 304, which eliminated the discretionary relief from deportation available under former INA § 212(c). Congress was silent whether the elimination of § 212(c) relief applied retroactively to people who were convicted of crimes before 1996.

We AFFIRM in part and REVERSE in part.

FACTUAL AND PROCEDURAL HISTORY

Statutory Scheme

In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. B009-546 (“IIRIRA”), and the Antiterrorism and Effective Death Penalty Act of 1996, Pub L. No. 104-132, 110 Stat. 1214 , (“AEDPA”). Together, these acts substantially changed the criteria for removal of Legal Permanent Residents (LPRs) and the availability of possible…