Carranza-De Salinas v. Holder, Jr., No. 11-60396 (5th Cir. 2012)
Annotate this CasePetitioner, a citizen of Mexico, was eligible to apply for discretionary relief from removal despite having a criminal conviction for possession of marijuana with intent to distribute. After the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), 8 U.S.C. 1182, the provision granting her eligibility was repealed and IIRIRA specified that aliens with a criminal conviction like petitioner's were no longer eligible to apply for discretionary relief from removal. On appeal, petitioner argued that this constituted impermissible retroactive legislation as applied to her case. Because the court concluded that petitioner could invoke the presumption against retroactive application, she was entitled to pursue section 212(c) relief. Accordingly, the court granted the petition for review.
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