Summary
In Generi, the district court reasoned that the "orders to show cause" language in § 309(c)(5) meant that it only applied to the portion of the stop-time rule that stated that an alien's continuous residence ends when he is served with a notice to appear.Id. at * *4-6 (noting that Congress did not state that the conviction prong of § 240A(d)(1) was to be applied retroactively).
Summary of this case from Heaven v. GonzalesOpinion
Case No. 4:03-CV-15.
April 12, 2004
ORDER AND JUDGMENT APPROVING REPORT AND RECOMMENDATION
The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed February 19, 2004, is approved and adopted as the opinion of the court.
IT IS FURTHER ORDERED that petitioner's petition for habeas corpus is GRANTED for the reason(s) stated in the Report and Recommendation.
IT IS FURTHER ORDERED that petitioner is permitted to apply for a waiver of deportation.