August 13, 2002
Proposed Rule Published to Implement Supreme Court's St. Cyr Decision
Rule Implements Procedures for Seeking Section 212(c) Relief from Deportation
or Removal
FALLS CHURCH, Va. – The Executive Office for Immigration Review today
published a proposed rule in the Federal Register establishing procedures
for eligible lawful permanent residents (LPRs) with certain criminal convictions,
prior to April 1, 1997, to apply for relief from deportation or removal under
former section 212(c) of the Immigration and Nationality Act. This relief
is available to eligible individuals who are currently in immigration proceedings,
who may be placed in removal proceedings, or who have completed immigration
proceedings and are under final orders of deportation or removal. It does
not apply to those who have already been deported from the United States.
Until 1996, under section 212(c) certain LPRs, who resided in the United States
for at least seven years and had committed a crime, could seek relief to avoid
deportation on criminal grounds. In considering a grant of relief under section
212(c), an Immigration Judge would weigh negative factors, such as the severity
of the crime, against positive factors, such as the individual's rehabilitation
and ties to the community.
Congress sharply curtailed section 212(c) relief through provisions of the
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and then eliminated
this relief in the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (IIRIRA).
On June 25, 2001, the Supreme Court decided in INS v. St. Cyr that LPRs –
whose criminal convictions were obtained through plea agreements prior to
April 1, 1997 – would be eligible for section 212(c) relief if they would
have been eligible for this relief at the time they were convicted by plea
agreement. The decision provides the broadest form of section 212(c) relief
to those with criminal convictions prior to April 24, 1996 (the effective
date of the AEDPA legislation). More limited section 212(c) relief is available
to those with criminal convictions entered after April 24, 1996, and March
31, 1997 (the period immediately preceding the effective date of the IIRIRA
legislation).
The St. Cyr decision affects thousands of pending cases in federal and Immigration
Courts, as well as a potentially large number of individuals who have not
yet come before an Immigration Court. This proposed rule establishes a fair
and efficient process to restore section 212(c) relief to those who are eligible.
It is important to note that eligible individuals under final orders of deportation
or removal who are still in the United States must apply for this relief within
180 days after the publication of the final rule.
The proposed rule is available on the Internet at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-20403-filed.pdf.
– EOIR –
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