(DOWNLOAD) "Morel v. I.N.S" by Third Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free

eBook details

Title: Morel v. I.N.S
Author : Third Circuit U.S. Court Of Appeals
Release Date : January 11, 1998
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 49 KB

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On Petition for Review of an Order of the Board of Immigration Appeals (INS No. A42-267-305) Argued March 25, 1996 Reargued April 3, 1997 Opinion filed May 11, 1998 OPINION OF THE COURT In this case, we reconsider a petition for review which was first filed on May 12, 1995, by Eleazar Jose Morel, a native and citizen of the Dominican Republic. The Immigration and Naturalization Service (INS) asks us to set aside our original opinion in this case in which we granted Morel's petition challenging the Board of Immigration Appeals' (BIA) construction of § 212(c) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1182(c). See Morel v. INS, 90 F.3d 833 (3d Cir. 1996). The INS now argues that the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. 104-132, 110 Stat. 1214 (1996), applies here to foreclose our ability to entertain this petition and grant the relief Morel requests. Because we agree, we now vacate our original opinion. Consequently, the decision of the BIA affirming the immigration Judge's denial of the applicability of § 212(c) to Morel from which appeal was taken to this Court, is final. Although the limited factual record has already been set out in our previous opinion, we nonetheless provide a detailed procedural history because of the significance of the timing of the events leading up to this rehearing. These events were set in motion when Morel was arrested in New Jersey on August 24, 1991, and charged with possession of a controlled dangerous substance and possession of a controlled dangerous substance within 1000 feet of a school. On January 6, 1993, Morel was sentenced to four years in a New Jersey correctional facility, after pleading guilty to the first possession charge.1