Just When You Thought Your Old Conviction After a Jury Trial Would Leave You with a Permanent Inability to Seek Relief in Removal Proceedings, Think Again!
On February 28, 2014, the Board of Immigration Appeals issued a precedent decision opening new avenues of relief for many individuals with old criminal convictions they otherwise
thought would forever prevent them from seeking relief before an Immigration Judge. See
Matter of Ezzat H. Abdelghany, 26 I&N Dec. 254 (BIA 2014). This BIA Decision held that "[a] lawful permanent resident who is otherwise eligible for relief under former section
212(c) of the Act may apply for such relief in removal or deportation proceedings
without regard to whether the relevant conviction resulted from a plea agreement or a
trial and without regard to whether he or she was removable or deportable under the
law in effect when the conviction was entered". Id.
Until this Decision was issued, those who were found guilty of a crime after a jury trial entered before April 24, 1996, were not eligible to apply for discretionary relief under former section 212(c) of the Act. Former 212(c) relief is a section of the law that has since been repealed, but remains available to those in removal proceedings with a conviction that pre-dates April 24, 1996. Now, even those who requested a jury trial and were then found guilty can apply for this relief in removal proceedings. This new case not only assists those who are currently in removal proceedings, but also those who currently have an order of removal.
If this applies to you, you need to speak with an experienced immigration attorney as soon as possible to discuss your options, whether you're currently in removal proceedings or you have already lost your green card as a result of an order of removal. Please contact me directly at 404.949.8151
to schedule an appointment.
thought would forever prevent them from seeking relief before an Immigration Judge. See
Matter of Ezzat H. Abdelghany, 26 I&N Dec. 254 (BIA 2014). This BIA Decision held that "[a] lawful permanent resident who is otherwise eligible for relief under former section
212(c) of the Act may apply for such relief in removal or deportation proceedings
without regard to whether the relevant conviction resulted from a plea agreement or a
trial and without regard to whether he or she was removable or deportable under the
law in effect when the conviction was entered". Id.
Until this Decision was issued, those who were found guilty of a crime after a jury trial entered before April 24, 1996, were not eligible to apply for discretionary relief under former section 212(c) of the Act. Former 212(c) relief is a section of the law that has since been repealed, but remains available to those in removal proceedings with a conviction that pre-dates April 24, 1996. Now, even those who requested a jury trial and were then found guilty can apply for this relief in removal proceedings. This new case not only assists those who are currently in removal proceedings, but also those who currently have an order of removal.
If this applies to you, you need to speak with an experienced immigration attorney as soon as possible to discuss your options, whether you're currently in removal proceedings or you have already lost your green card as a result of an order of removal. Please contact me directly at 404.949.8151
to schedule an appointment.
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