LexisNexis® Legal Newsroom
Eighth Circuit slaps BIA on 212(c), St. Cyr, retroactivity, statutory counterpart analysis: Lovan II

"By conceding that In re L and In re G-A- were not overruled prior to the repeal of § 212(c), and then ignoring the rule established by those decisions, the BIA majority completely disregarded the Supreme Court’s controlling decision in St. Cyr. Determination of impermissible retroactive...

Unpublished BIA Victory: 212(c), Ineffective Assistance, Mental Capacity

Jon Eric Garde of Las Vegas recently received good news from the BIA, granting his motion to reopen a case that had last been before the Board in 1998! Matter of Stevens, A035-172-124 - Detroit, Oct. 12, 2011, unpublished .

Supremes, 9-0, slam BIA on 212(c): Judulang

Held: The BIA’s policy for applying §212(c) in deportation cases is “arbitrary and capricious” under the Administrative Procedure Act, 5 U. S. C. §706(2)(A). Pp. 9–21. - Judulang v. Holder, Dec. 12, 2011 . Here's the SCOTUSblog page , with all the links to all...

Seventh Circuit on 212(c), reliance, retroactivity: Khodja v. Holder

"We find that Khodja has demonstrated actual reliance in forgoing a possible benefit such that the repeal of § 212(c) does not apply retroactively in this case. Accordingly, we will remand to the agency for further proceedings to address Khodja’s § 212(c) waiver application."...

Ninth Circuit on 212(c), retroactivity: Tyson v. Holder

"Tyson argues that the BIA erred when it decided that she is not eligible to seek § 212(c) discretionary relief from removal pursuant to the former Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(c), which was repealed in 1996 as to aliens with certain criminal convictions...

Ninth Circuit Judulang Remand: Rangel-Zuazo

"The opinion filed January 31, 2011, slip opinion page 1867, and published at 633 F.3d 848, is withdrawn. ... Because Petitioner’s aggravated felony ground for removal lacked a comparable inadmissibility ground, the BIA found Petitioner ineligible for a waiver under section 212(c). In Judulang...

CA9 on 212(c): Peng v. Holder

"Section 212(c) is available to aliens who proceeded to trial if they can plausibly argue that they relied on the availability of relief." - Peng v. Holder, Mar. 22, 2012 .

Unpub. BIA Equitable Tolling Victory: Matter of Kim

Jon Eric Garde writes: "I want to share a BIA grant on a special motion to reopen for 212(c) over 13 years after the BIA order and over six years after the filing deadline post St. Cyr, as promulgated by governing regulations. Equitable tolling due to mental incapacity (caused by a horrible gambling...

CA9 on Retroactivity, 212(c) - Cardenas-Delgado v. Holder

"Francisco Cardenas-Delgado, a legal permanent resident of the United States since 1976, appeals from the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) decision that he is ineligible for relief from removal under former...

Unpub. BIA 212(c) Vartelas Victory in Boston

"[W]e are convinced that Supreme Court precedent has superceded the regulatory prohibition against granting 212(c) relief under St. Cyr to aliens convicted after trial." Vacated and remanded. Matter of X-, Dec. 6, 2013 . [Hats off to Maude ("We are all one") Laroche-St. Fleur !]

Supreme Court Amicus Briefs Filed in 212(c) Cert. Pet. - Acebo-Leyva v. Holder

"On Monday, twenty-six law professors from around the country urged the United States Supreme Court to grant certiorari to resolve crucial questions of how lower courts should analyze the retroactive application of immigration laws. The amicus brief was co-authored by the Immigration Law Clinic...

BIA on 212(c): Matter of Abdelghany, Int. Dec. 3796, 26 I&N Dec. 254 (BIA 2014)

(1) A lawful permanent resident who has accrued 7 consecutive years of lawful unrelinquished domicile in the United States and who is removable or deportable by virtue of a plea or conviction entered before April 24, 1996, is eligible to apply for discretionary relief under former section 212(c) of the...

Unpub. BIA 212(c) Victory

Russell Abrutyn writes: "Here is a case that is all about persistence that I thought might be of interest to your readers. When the case began, the respondent, who had lawfully resided in the U.S. since 1969, appeared ineligible for relief under the then-current law. He was convicted of an aggravated...

CA2 on 212(c), Rankine, Vartelas: U.S. v. Gill

"This case requires us to decide whether the petitioner Ricardo Allen Gill can sustain a collateral challenge to his order of deportation, which is a defense to a prosecution for illegal reentry in violation of 8 U.S.C. § 1326(a), (b)(2). The resolution of this question turns on whether the...

Post-Judulang Remand (Unpub. BIA)

Nadeen Aljijakli writes: " I am very pleased to share the BIA's recent decision to reopen our client's case for consideration of 212(c) relief in light of the Supreme Court's case in Judulang v. Holder, 132 S.Ct. 476 (2011). Judulang held that the BIA's prohibitive policy in its...

Unpub. BIA Victory, 2 CIMTs: Matter of Romero

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that a charge of deportability under INA 237(a)(2)(A)(ii) based on convictions for two crimes involving moral turpitude cannot be sustained if a waiver under former section 212(c) is granted with respect...

CA7 on 212(c), Rehabilitation: Avila-Ramirez v. Holder

"An immigration judge found Carlos Avila-Ramirez “credible” and gave “full weight to his testimony” at a hearing requesting discretionary relief from removal. That testimony included Avila-Ramirez’s denial that he had committed any underlying wrongdoing during the times...

CA9 on Deportation Hearing Due Process: USA v. Guzman-Ibarez

"When the proceedings against Guzman commenced, consideration for waiver of deportation pursuant to 8 U.S.C. § 1182(c) (1995) (INA § 212(c)) was available. However, the AEDPA was enacted a few months later and under its provisions § 1182(c) was amended to entirely eliminate the phrase...

BIA Slaps IJ for Disobedience in 212(c) Remand: Matter of X- (unpub.)

Matter of X-, July 1, 2016, unpub. - "This matter was last before the Board on July 20, 2015, when we reversed the decision of the Immigration Judge denying the respondent's application for a waiver of inadmissibility under section 212(c) of the Immigration Act, 8 U,S.C. § 1182(c), in the...

Unpub. BIA 212(c) Remand (Date of Conviction)

Mario R. Urizar writes: "We asked for a three panel member decision and oral argument to review INA 212(c) eligibility under Matter of Abdelghany as it applies to individuals with convictions after trial. Specifically, under the ineligibility language of IMMACT90, i.e., to "applicant[s] [who...