Court of Appeals for the First Circuit December 4, 1996, 96-1194 (Alfredo A. Kolster v. Immigration and Naturalization Service)

LYNCH, Circuit Judge.

This ease requires us to determine whether section 440(a) of the Antiterrorism and Effective Death Penalty Act (AEDPA), enacted after this petition was filed, applies here. Alfredo Kolster, an alien under deportation order, argues that if it does apply, it is unconstitutional.