Circuit split · immigration law
Whether AEDPA § 440(d)'s bar on discretionary relief from deportation under INA § 212(c) applies retroactively to aliens whose convictions or deportation proceedings predate AEDPA's enactment
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Servin-Espinoza v. Ashcroft309 F3D 1193
Ninth Circuit Court of Appeals · November 5, 2002
“We recognize that a circuit split regarding the proper reading of AEDPA § 440(d) has developed in the wake of Estrada-Torres.” — Acknowledges a circuit split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 2d Cir.Domond v. INS244 F.3d 81
- On the other side · 6th Cir.Asad v. Reno242 F.3d 702
- On the other side · 1st Cir.Almon v. Reno192 F.3d 28
- On the other side · 5th Cir.Requena-Rodriguez v. Pasquarell190 F.3d 299
- On the other side · 10th Cir.Jurado-Gutierrez v. Greene190 F.3d 1135
- On the other side · 7th Cir.LaGuerre v. Reno164 F.3d 1035
What the split turns on
- Anchor precedents:
- Estrada-Torres ·
- Fuentes-Campos
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.