After the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act, the provision granting the petitioner's eligibility to apply for discretionary relief from removal was repealed, and IIRIRA specified that aliens with a criminal conviction like the petitioner's were no longer eligible to apply. This constitutes impermissible retroactive legislation as applied to the petitioner. The Board of Immigration's order is reversed and remanded. De Salinas v. Holder, 5th U.S. Circuit Court of Appeals, No. 11-60396, 11-06-2012.
De Salinas v. Holder
November 7, 2012