The Ninth Circuit has determined that the AEDPA amendments to section 212(c) of the INA, which included barring any person convicted of an aggravated felony on or after April 24, 1996 from seeking 212(c) relief apply retroactively to criminal acts committed prior to the effective date of AEDPA, so long as the conviction was entered after the effective date. The decision included a lengthy dissent from Judge Friedland, who would have found the petitioner eligible for 212(c) relief.

The full text of Lopez v. Sessions can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/22/15-72747.pdf

Comment