Rafael Maldonado-Galindo v. Alberto R. Gonzales, Attorney General

Petitioner Maldonado-Galindo (“Maldonado”) appeals the Board of Immigration Appeals’ (“BIA”) denial of his petition for cancellation of removal. Maldonado asserts that § 240A of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, 110 Stat. 3009-546 (codified at 8 U.S.C. § 1229b (2000)) has an impermissi-bly retroactive effect because it limits § 240A Cancellation of Removal relief to those who have not previously been granted relief under § 212(c) of the Immigration and Nationality Act (“INA”) (codified at 8 U.S.C. § 1182 (c) (repealed 1996)). We deny the petition, finding that Congress has unmistakably limited § 240A relief to those who have not received § 212(c) relief and that § 240A does not have a retroactive effect.

I.BACKGROUND

Maldonado is a citizen of Mexico and has been a lawful permanent resident of the United States from the age of one. In 1991, Maldonado was convicted of two unidentified crimes involving moral turpitude which rendered him deportable. INS subsequently commenced deportation proceedings, and Maldonado applied for suspension of deportation under former § 212(c) of the INA. As then constituted, § 212(c)…