Does the provision of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) that expanded the definition of 'aggravated felony' apply only to new immigration proceedings that were initiated after the date of its enactment (as the Fourth and Sixth Circuits have held), or does it apply whenever an immigration judge or the Board of Immigration Appeals issues a decision after that date (as the First, Third, Fifth, Seventh, and Ninth Circuits have held)?

Question Presented Does the provision of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) that expanded the definition of “aggravated felony” apply only to new immigration proceedings that were initiated after the date of its enactment (as the Fourth and Sixth Circuits have held), or does it apply whenever an immigration judge or the Board of Immigration Appeals issues a decision after that date (as the First, Third, Fifth, Seventh, and Ninth Circuits have held)? [When the petitioner presented this question in a previous petition, the Court ordered a response but then denied the petition after the government argued (among other things) that it was premature because the Ninth Circuit’s decision was interlocutory at that point. See Case No. 158280.] ii