The petitioner is a lawful permanent resident who was convicted in 1992 of assault with a deadly weapon.  He was placed in removal proceedings in 1997 and sought to apply for cancellation of removal but was denied, first by the immigration judge, then by the Board of Immigration Appeals, because they found that his conviction constitutes an aggravated felony.

On appeal, the court determined that the effective date provisions of IIRIRA section 321 make clear that the statute’s expanded definition of "aggravated felony" applies to pre-IIRIRA convictions.  The court rejected the petitioner’s argument that section 321(c) creates ambiguity about Congress’s intent in providing that "the amendments made by this section shall apply to actions taken on or after the date of the enactment of this Act."  The petitioner argued that the reference to "actions taken" in this section could refer either to the criminal action of the immigrant or to the initiation of proceedings by the Immigration and Naturalization Service.  However, the court concluded otherwise, finding that the language of the statute and its legislative history show that Congress intended the expanded definition to apply to convictions that were entered prior to the enactment of the IIRIRA.