Arenas-Yepes v. Gonzales, __ F.3d __ (2d Cir. Aug. 25, 2005) (where OSC was served on noncitizen prior to IIRAIRA, but not filed with immigration court until after IIRAIRA, noncitizen is subject to law effective after IIRAIRAs date of enactment; proceedings commence with filing of OSC/NTA with immigration court, not upon service of OSC/NTA upon noncitizen).
http://caselaw.lp.findlaw.com/data2/circs/2nd/034200p.pdf