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Canto v. Holder

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ARGUED SEPTEMBER 18, 2009

Before EASTERBROOK, Chief Judge, and WILLIAMS and TINDER, Circuit Judges.

Fernando Canto was convicted of counterfeiting over two decades ago. Since then, by all accounts, his life has been on the straight and narrow. After returning from a trip abroad, he was detained and found to be deportable because of his counterfeiting conviction. Canto concedes deportability but argues that the differing treatment of foreign and domestic convictions violates his equal protection rights-foreign convictions over fifteen years old cannot be a basis for deportation, whereas similar domestic convictions can. Because several rational bases, including concerns about the rights and protections of foreign justice systems as compared to our own, may have motivated Congress in drawing this distinction, Canto’s argument fails. Canto also argues that the repeal of section 212(c) of the Im-migration Code, which allowed certain deportable aliens to petition the Attorney General for relief from deportation, was impermissibly retroactive as applied to him. Our precedent has already addressed this question and found that aliens who went to trial did not forgo any rights in reliance on the continued existence of section 212(c), so it was not impermissibly retroactive. We therefore deny Canto’s petition for review.

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