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Nourredine Khodja v. Eric H. Holder, Jr., Attorney General of the United States

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ARGUED OCTOBER 27, 2011

Before FLAUM, KANNE, and WOOD, Circuit Judges.

Petitioner Nourredine Khodja became a lawful permanent resident of the United States on February 11, 1984. In 1990, Khodja was con- victed of aggravated battery and armed violence and sentenced to four years’ imprisonment. After his sentencing hearing, Khodja moved for a judicial recom- mendation against deportation (“JRAD”). An assistant attorney for the Immigration and Naturalization Service (“INS”) stated that the motion should be denied because Khodja could seek a § 212(c) waiver in a subsequent immigration proceeding. On this basis, the trial judge denied the motion. Congress repealed § 212(c) in 1996. In 2003, following a vacation to the Dominican Republic, the INS charged Khodja as being inadmissible for having been convicted of a crime involving moral turpitude. Khodja sought a waiver under §§ 212(c) and (h). The immigration judge denied both waivers, and the Board of Immigration Appeals affirmed. Because we find that the repeal of § 212(c) does not apply retroactively to Khodja’s case, the petition will be granted.

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