ROBERT A. LETTMAN, PETITIONER,
v.
JANET RENO, ATTORNEY GENERAL, IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENTS; ROBERT A. LETTMAN, PETITIONER, V. JANET RENO, U.S. ATTORNEY GENERAL, IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENTS

11th Cir. | 1999-08-25
Nos. 97-5283, 98-5767
Before TJOFLAT and EDMONDSON, Circuit Judges, and KRAVITCH, Senior Circuit Judge.
185 F.3d 1216 Court of Appeals for the Eleventh Circuit (1999) Positive Treatment
Cited by 10 cases

Opinion of the Court

ORDER: The petition for rehearing of Respondent Immigration and Naturalization Service is GRANTED. The case will be rear-gued. The court’s opinion and decision of 26 February 1999 is VACATED, except Part A of the opinion shall remain in effect on jurisdiction. Petitioner Lettman’s motion to consolidate this case with case number 98-5767 is GRANTED. The Immigration and Naturalization Service is directed not to deport Petitioner until further order of this Court.


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  • …d more than 30 days after September 30, 1996, therefore, IIRIRA’s transitional rules apply. See IIRIRA § 309(c)(1) & (4); Al Najjar v. Ashcroft, 267 F. 3d 1262, 1276 (11th Cir. 2001); Lettman v. Reno, 168 F. 3d 463, 464 (11th Cir.), vacated in part, 185 F. 3d 1216 (1999). For cases falling under the transitional rules, the former 8 U.S.C. § 1105a, in conjunction with enumerated subsections in IIRIRA § 309(c)(4), govern judicial review. See IIRIRA § 309(c)(4). Of pertinence to this appeal, IIRIRA § 309(c)(…
  • Okongwu v. Reno, 229 F.3d 1327 (11th Cir. 2000)
    …at. at 3626-27, we retained jurisdiction to determine our own jurisdiction, ie., to determine on appeal if an alien was “deportable” under § 309(c)(4)(G). 168 F. 3d 463, 464-65 (11th Cir.), reh’g granted and opinion vacated in part on other grounds, 185 F. 3d 1216 (11th Cir.1999), opinion replaced in part on other grounds, 207 F. 3d 1368 (11th Cir.2000). Subsequent to Lettman I, we held that we had jurisdiction over a habeas petition governed by the transitional rules of the IIRIRA where the petitioner had…
  • Alanis-Bustamante v. Reno, 201 F.3d 1303 (11th Cir. 2000)
    …al transitional rules of IIRIRA; (3) Proceedings that commenced after April 1, 1997 are governed by the provisions of the INA as permanently amended by IIRIRA. See Mayers, 175 F. 3d at 1293 n. 4; Lettman v. Reno, 168 F. 3d 463, 464, vacated in part, 185 F. 3d 1216 (11th Cir.1999). If the present case commenced with the filing of the notice to appear on June 20, 1997 — about two months after the April 1 effective date of IIRIRA — it is governed by the permanent provisions of INA as amended by IIRIRA. In Rich…

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