Circuit Judges. PHILLIP ANTHONY CARR, Petitioner-Appellant, v. JANET RENO, Attorney General of the United States; Carr v. Reno Cyr v. INS, F. d , aff'd, U. S. ,, (2nd Cir. 2005)

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 4th day of January , Two Thousand Two.

HONORABLE James L. Oakes, PRESENT:

HONORABLE Richard J. Cardamone, HONORABLE Fred I. Parker, Circuit Judges.

PHILLIP ANTHONY CARR, Petitioner-Appellant, v. No. 01-2270

JANET RENO, Attorney General of the United States; KEVIN D. ROONEY, Acting Commissioner of the Immigration and Naturalization Service; LYNN UNDERDOWN, Louisiana District Director, Immigration and Naturalization Service; IMMIGRATION AND NATURALIZATION SERVICE; U.S.

DEPARTMENT OF JUSTICE, Respondents-Appellees.

Alan Michael Strauss APPEARING FOR APPELLANT:

Bretz & Coven, LLP New York, New York Steven J. Kim APPEARING FOR APPELLEES:

U.S. Attorney's Office Eastern District of New York Brooklyn, New York Appeal from the United States District Court for the Eastern District of New York (Kahn, J.).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the denial of the petition for a writ of habeas corpus by said district court be and it hereby is AFFIRMED.

Petitioner-Appellant Phillip Anthony Carr ("Carr")

appeals from the denial of his petition for a writ of habeas corpus by the United States District Court for the Eastern District of New York (Kahn, J.). We affirm.

The issue in this appeal was squarely addressed in an opinion of this Court issued earlier this year. Carr argues that § 440(d) of the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub. L. No. 104-132, § 440(d), 110 Stat. 1277, has an impermissibly retroactive effect as applied to aliens like him whose criminal conduct pre-dated the AEDPA's enactment date, even though his conviction post-dated the AEDPA's enactment date. In Domond v. INS, 244 F.3d (2d Cir. 2001), we held that § 440(d) does not have an impermissibly retroactive effect as applied to aliens whose criminal conduct pre-dated the AEDPA's enactment date but whose convictions post-dated the AEDPA's enactment date. The Supreme Court's subsequent affirmance of our decision in St.

Carr v. Reno Docket No. 01-2270

Cyr v. INS, 229 F.3d 406 (2d Cir. 2000), aff'd, 233 U.S. 289 , 121 S. Ct. 2271, 150 L. Ed. 2d 347 (2001), which addressed the impermissibly retroactive effect of § 440(d) as applied to aliens whose guilty pleas pre-dated the AEDPA's enactment date, does not undermine Domond. Accordingly, the district court properly denied Carr's petition.

For the reasons set forth above, the denial of the petition for a writ of habeas corpus entered by the district court is AFFIRMED.

FOR THE COURT Roseann B. MacKechnie, Clerk By:

Lucille Carr, Operations Manager

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