context: We first examine whether we have jurisdiction over this petition. The amended statute applies to petitioner because she filed her petition after the effective date of the amendment.
citation_a.signal: see
citation_a.identifier: 113 F.3d 1151, 1155
citation_a.parenthetical: provisions of the Antiterrorism and Effective Death Penalty Act of 1996 govern petitions for review pending on the date of enactment
citation_a.sentence: See Fernandez v. INS, 113 F.3d 1151, 1155 (10th Cir.1997) (provisions of the Antiterrorism and Effective Death Penalty Act of 1996 govern petitions for review pending on the date of enactment). Despite this constraint on judicial review, the Third Circuit has held that when “constitutional rights applicable to aliens may be at stake, judicial review may not be withdrawn by statute.” Salazar-Haro v. INS, 95 F.3d 309, 311 (3d Cir.1996), cert. denied, — U.S.-, 117 S.Ct. 1842, 137 L.Ed.2d 1046 (1997); cf. Fernandez, 113 F.3d at 1155 (noting the government conceded judicial review was available for “substantial” constitutional errors).
citation_b.signal: cf.
citation_b.identifier: 113 F.3d 1155, 1155
citation_b.parenthetical: noting the government conceded judicial review was available for "substantial" constitutional errors
citation_b.sentence: See Fernandez v. INS, 113 F.3d 1151, 1155 (10th Cir.1997) (provisions of the Antiterrorism and Effective Death Penalty Act of 1996 govern petitions for review pending on the date of enactment). Despite this constraint on judicial review, the Third Circuit has held that when “constitutional rights applicable to aliens may be at stake, judicial review may not be withdrawn by statute.” Salazar-Haro v. INS, 95 F.3d 309, 311 (3d Cir.1996), cert. denied, — U.S.-, 117 S.Ct. 1842, 137 L.Ed.2d 1046 (1997); cf. Fernandez, 113 F.3d at 1155 (noting the government conceded judicial review was available for “substantial” constitutional errors).