Rafaelano v. Wilson

471 F.3d 1091 Maria RAFAELANO, Petitioner-Appellant, v. Aaron G. WILSON, District Director of Bureau of Immigration and Customs Enforcement; Tom Ridge, Secretary of Department of Homeland Security; Alberto R. Gonzales, Attorney General, Respondents-Appellees. No. 05-35025. United States Court of Appeals, Ninth Circuit. Argued and Submitted January 23, 2006. Filed December 20, 2006. Robert Pauw (argued), Gibbs Houston Pauw, Seattle, WA, for the petitioner-appellant. John McKay, United States Attorney, Christopher L. Pickrell, Assistant United States Attorney (argued), Seattle, WA, for the respondents-appellees. Appeal from the United States District Court for the Western District of Washington; Robert S. Lasnik, Chief District Judge, Presiding. D.C. No. CV-03-02647-RSL. Before JOHNNIE B. RAWLINSON and RICHARD R. CLIFTON, Circuit Judges, and CONSUELO B. MARSHALL, * District Judge. Opinion by Judge CLIFTON; Dissent by Judge RAWLINSON. CLIFTON, Circuit Judge. 1 When Congress passed the REAL ID Act of 2005, it provided that the Act's provisions would be effective immediately and would apply retroactively to cases then pending in the courts. Among the provisions made immediately…