Haque

MEMORANDUM **

The facts of this case are known to the parties and we do not repeat them here. In No. 06-71433, Mahmudul Haque seeks review of a 2002 order of the Board of Immigration Appeals (“BIA”) dismissing his administrative appeal from a decision *947 of an Immigration Judge (“IJ”) ordering him deported to Bangladesh. In No. 05-74825, Haque appeals the BIA’s August 8, 2005, decision denying his special motion to reopen administrative proceedings to seek relief under former § 212(c) of the Immigration and Nationality Act.

In INS v. St. Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001), the Supreme Court held that limitations on § 212(c) relief imposed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214, and the Illegal Immigrant Reform and Immigrant Responsibility Act (“IIRIRA”), Pub.L. No. 104-208, 110 Stat. 3009-546, could not be retroactively applied to aliens who pled guilty to a deport-able offense prior to the statute’s effective date. In denying Haque’s special motion to reopen, the BIA concluded that the Court’s reasoning in St. Cyr did not apply to aliens, like Haque, who were found guilty by a jury…