| Please note: In its decision, dated December 27, 1999, the court held that neither AEDPA nor IIRAIRA repeal statutory habeas corpus relief pursuant to 28 U.S.C. §2241. In addition, the court held that AEDPA §440(d) cannot be applied to eliminate former 212(c) relief for persons in deportation proceedings on or before April 24, 1996. Regarding pre-AEDPA convictions and post-AEDPA proceedings, the court held as a general rule AEDPA does apply in such cases to eliminate 212(c) relief. However, in those circumstances, the court left open the possibility that, under a specific factual showing that a guilty plea was entered in reliance on the availability of 212(c) relief, a petitioner may be able to establish that AEDPA §440(d) has an impermissible retroactive application to him. |
| F I L E D May 15, 2000 Cathy A.
Catterson, Clerk NOT FOR PUBLICATION UNITED STATES COURT
OF APPEALS FOR THE NINTH CIRCUIT DANIEL MAGANA-PIZANO,
) Nos. 97-15678,
97-70384
) INS No. A35-822-607 Petitioner-Appellant,
) D.C. No. CV 97-00619 SMM
) v.
)
) IMMIGRATION AND
) ORDER NATURALIZATION SERVICE, )
) Respondent-Appellee.
) ____________________________) Before: GOODWIN
and THOMAS, Circuit Judges, and PREGERSON,[1] District Judge. The panel has voted to deny
the petition for rehearing and to reject the suggestion
for rehearing en banc. The full court has been
advised of the suggestion for rehearing en banc, and no
judge of the court has The petition for rehearing is
denied and the suggestion for rehearing en banc is
rejected.
[1] The Honorable Dean D. Pregerson,
United States District Judge for the Central District of
California, sitting by designation. |