United States v. Gill, No. 12-2207 (2d Cir. 2014)Annotate this Case
Defendant, a native and citizen of Barbados, appealed the district court's denial of his motion to dismiss the indictment for illegal reentry in violation of 18 U.S.C. 1326(a), (b)(2). At issue was whether the Supreme Court's ruling in Vartelas v. Holder required the court to find that defendant was eligible for relief from deportation under former section 212(c) of the Immigration and Nationality Act, 8 U.S.C. 1182(c). The court held that deeming noncitizens like defendant ineligible for section 212(c) relief merely because they were convicted after trial would have an impermissible retroactive effect because it would impermissibly attach new legal consequences to conviction that pre-date the repeal of section 212(c). In this instance, the court found that the district court erred because defendant was erroneously found to be ineligible for relief under section 212(c). The court remanded for further proceedings.