Appel

Appel v. Gonzales

Good Law
146 F. App'x 175
United States Court of Appeals for the Ninth CircuitAugust 25, 2005No. 03-56986California860 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Herman Appel appeals the district court’s denial of his petition for a writ of habeas corpus. He argues he should be eligible to file an application for waiver of deportation pursuant to the now-repealed § 212(c) of the Immigration and Nationality Act, and that denial of his application pursuant to the 1996 amendments to that Act, which barred § 212(c) relief, see Illegal Immigration Reform and Immigrant Responsibility Act of 1996 § 204(B), 110 Stat. 3009 -546 (repealing INA § 212(c)), constitutes impermissible retro-activity. He is not so entitled, and the application of the INA amendments were not impermissibly retroactively applied to him. His petition is denied.

This Court has jurisdiction to review the questions in this habeas petition pursuant to § 242(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1252 , and § 106(c) of the REAL ID Act of 2005, Pub.L. No. 109-13, § 106 , 119 Stat. 231 , 310-11 (May 11, 2005). Section 106(c) directs district courts in which 28 U.S.C. § 2241 habeas petitions were pending on May 11 to transfer those cases to the appropriate courts of appeals, which are then to review them as if they had been brought as…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.