The 1990 abolition of the Judicial Recommendation Against Probation should not be construed to invalidate JRADs issued prior to November 29, 1990, the effective date of the legislation. See Kankamalage v. INS, 335 F.3d 858 (9th Cir. July 8, 2003) (1990 regulation, making certain aliens categorically ineligible for a discretionary grant of asylum, cannot be applied retroactively to exclude petitioner for consideration for asylum based on his 1988 robbery conviction). http://caselaw.lp.findlaw.com/data2/circs/9th/0271415p.pdf