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  #1  
Old 11-18-2004, 04:37 AM
Paralegal4u Paralegal4u is offline
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Exclamation 212(c) possible relief from deportation

As result of final rule published and effective October 28, 04 to implement the decision of the Supreme Court in INS v. St Cyr, 121 S. Ct. 2271 (2001) establishing procedures for eligible lawful permanent residents with certain criminal convictions obtained by plea agreement prior to April 1, 97, to apply for relief from deportation or removal under former section 212(c) of the Immigration and Nationality Act (INA), it is extremely important that such eligible file a special motion prior to their being deported or the expiration of such rule on April 26, 05.

Such rule as now in effect till April 26, 05 is available to eligible individuals who are currently in removal proceedings, who may be placed in removale proceedings, or who have completed immigration proceedings and are under final orders of deportation or removal. The rule does not apply to those who have already been deported from the United States.

Consequently, it is important to note, that eligible individuals who are now under final orders of deportation or removal from the United States who are still in the United States, must apply for this relief by filing a special motion to seek section 212(c) relief on or before April 26, 05.

For further information on how and where to file such motion, please send inquiries by PM.
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  #2  
Old 11-18-2004, 11:25 AM
Michellita Michellita is offline
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Default Sounds good to a few

If you have a conviction before 1997, then it applies. Sadly, many cannot qualify for 212c relief with their current convictions post 1997.
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  #3  
Old 11-28-2004, 08:13 AM
Paralegal4u Paralegal4u is offline
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SAMPLE MOTION FOR SECTION 212(c) RELIEF
In response to numerous private messages and emails I have received requesting further information to include but not limited to a sample format of the motion to be utilized in seeking relief under the new rule to reapply the former section 212(c) of the INA, a sample of such motion can be acquired from the following link. A form i-919 however must be sent with the motion. For further assistance or information please send me a PM.

Thank you
www.immigrationlinks.com/news/newshints36.htm
  #4  
Old 11-28-2004, 10:48 AM
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Thanks for the link and the sample motion!
I will go ahead and make this a sticky thread.
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  #5  
Old 11-28-2004, 02:15 PM
Paralegal4u Paralegal4u is offline
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Glad to be of assistance. It is important to note that when filing the motion for section 212(c) relief, it must be accompanied with an immigration form i-919 which is available in pfd format from their website or that of the Government printing Office. Good luck to all.
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Old 11-28-2004, 02:56 PM
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if someone is not an eligible lawful permanent residents is there any relief from deportation for them, we have a son and have been together over 10 years and were planning a july wedding next year, our son is 5 and my fiance is from finland, arent they one of our alliance countries, please help, ins has a hold on him in our local county jail and i am so worried, he did come here after the us consolate in finland wouldnt grant him a visa, we were apart for 10 months and his son also who is 5. i really need a good immigration lawyer and an affordable one also. any advice or info would be greatly appreciated.
DEVISTATED FAMILY
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waiting for daddy again ;-((
  #7  
Old 12-13-2004, 02:25 PM
Serge Serge is offline
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Hi, I have a question regarding 212(c) possible relief from deportation. If you are a LPR, who has a felony before 1997, what makes you ineligible for relief?
I have a felony..burglary, burglary tools, grand theft.All are one case, all happened in 1991. I have been a PLR since 1983. How would I go about getting this started. As of right now I am not in deportation proceedings, and INS has not contacted me, however I am aware that a may not leave the country. Any help would be greatly appreciated.
Thank you in advance.
  #8  
Old 12-18-2004, 09:47 AM
Paralegal4u Paralegal4u is offline
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Smile Judicial Review of Section 212(c) Pleadings

RECENT APPELLATE REVIEW OF 212(c)
For all who might have interest in the progress of those seeking section 212(c) relief, I direct your attention to the following link with recommendations that you print the case which is in pdf format.
  #9  
Old 12-20-2004, 10:45 AM
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Thanks for the info!!
I have read the case and I am desperately trying to fully understand it, with limited knowledge of legalize it's not easy.
Do you think you could explain simply what this means? Especially for those facing re-entry charges.
Thanks.
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  #10  
Old 12-31-2004, 11:56 AM
Paralegal4u Paralegal4u is offline
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Exclamation Turn Up The Volume

For those of you who would like to hear the audio delivery of the Supreme Court opinion when rendering its decision in INS v. St Cyr, 533 U. S. 289 which revived Section 212(c), I provide the following link.

http://www.oyez.org/oyez/resource/ca...audioresources

Last edited by Paralegal4u; 12-31-2004 at 12:01 PM..
  #11  
Old 01-06-2005, 01:46 PM
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So my husband is facing deportation, he is ineligible for 212(c) because he served a sentence of nine years which began in 91. However, he is scheduled for his first hearing in immigration court on january 10,2005, which is this coming Monday. Does anyone know the procedure of one's first hearing?
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Old 01-06-2005, 02:14 PM
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Although your husband might not be eligible for 212(c) relief due to his having served a sentence in excess of five years despite the offense having occured prior to 1996, depending on his physical location he might still be eligible. Some U. S. Appeal courts have asserted that the five year requirement is not jurisdictionally barred. If you can send me a PM with more details and I will try to further assist you. I would need to know the offense which formed the basis of the conviction, if conviction based on plea bargin, current location, current age, nationality and ties in the U. S.
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Old 01-16-2005, 02:31 PM
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Although your husband might not be eligible for 212(c) relief due to his having served a sentence in excess of 1 years for DWI he been send for to see immigratinton is this mean he is going to be deportation???????????? i am also loking for immigration phone # to get information about it.. please if you have it seen it to email removed per PTO Personal Information Policy.
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Old 09-11-2006, 09:59 PM
n0w0rl8tr n0w0rl8tr is offline
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Default 212c Relief???

My brother is a green card holder and recently traveled out of the country. On his return, the immigration detained him. We hired a lawyer and the strategy is to file for 212c relief. His record was back in 1993/1994. He did not serve any time longer than five years. No aggreviated felony. He turned his life around and has been clean since then. He has a family, 2 kids, works, a home owner and pays his taxes. What is his chances of not getting deported?
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Old 09-12-2006, 05:13 AM
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I would like to answer your inquiry, but such would require extensive time as well as elaborating in what would be required as an informative response since I have assisted in hundreds of cases pursuant to section 212(c). Therefore I would request that you please send me a Private Message in that I might better respond to your inquiry.
  #16  
Old 11-06-2007, 01:11 AM
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Default CONFUSED and waiting for a verdict....

Hi... i'm new to this whole site... and new to immigration proceedings and hope there is someone here that can shed some light on what will happen next. my husband has an aggravated felony from 1993. he thought he was deported for five years.... applied a 212c from mexico. it was "lost". he got married... wife came bck to u.s.... had problems... he waited his 7 years... then came back with her. they divorced and I met my husband. we decided to redo his paperwork even though there has been no trouble getting a business license or drivers license. it has been 14 years since his felony. i filed a 212. didn't get a response for 1.5 years. three months ago, ICE came into his work and arrested him. since then, they have lied about having paperwork, about both him and I receiving paperwork... and are now criminally charging him with reentry... 36-41 mos. After this whole thing happens, he does his time and then is released... not counting the immense support from the community... does he go back into custody of ICE? does he see an immigration judge or is he just deported? and also, since his original 212c was denied, can he still apply again? we have been sooooo misinformed by INS... i am in a complete loss of words. i appreciate any help!

Last edited by times_up; 11-06-2007 at 01:12 AM..
  #17  
Old 12-04-2007, 07:56 AM
con4HIM con4HIM is offline
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Default Just wondering

conviction back in 2002, Registered SO, and I was wondering about leaving the states and moving to another country because I'm sick of the false stigma I live under......... possible ? or not?
  #18  
Old 12-28-2007, 01:37 PM
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timesup he may be able to motion to reopen his old case on the grounds that he should have been 212(c) eligible then. But the circumstances are quite confused and I would recommend engaging a VERY GOOD immigration attorney immediately.
  #19  
Old 12-29-2007, 11:38 AM
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unfortunetly, no attorney in our area really knew what they were talking about and now he is being being proseccuted for reentry.
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  #20  
Old 12-29-2007, 03:44 PM
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There is a 9th Circuit Case that states that can reopen proceedings even though a person has been removed, IF he is now back in the country (even in ICE custody!). I am traveling right now and using my laptop so I don't have all my research tools.

If he can reopen, he can reclaim the 212(c). Short of that, or trying to vacate the old conviction on coram nobis, he has no chance and will be prosecuted for illegal reentry.

Question: what exactly was his conviction, what statute and sentence? What state? (Important so we can know if it was an AF under old laws, or new, for purposes of 212(c) I mean.)
  #21  
Old 12-29-2007, 07:31 PM
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assault with a deadly weapon in 1992. he was deported in 1995. nevada. i think he did 2 1/12 on a 2 1/2 that ran with consecutive violation of probation.

unfortunetly, he is being prosecuted for reentry right now and is pleading guilty. once this is done, does he go back in front of an immigration judge? or just deported? his 212 was apparently denied, but can he apply again?
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  #22  
Old 01-03-2008, 01:41 AM
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He'll have to do federal time on the reentry, and then will be removed again. Not a good scene.

He cannot raise the issue of 212(c) unless he can reopen his old removal and claim he should not have been removed in the first place since he was 212(c) eligible at that time. IF he can do both of those things, reopen his old removal case, AND get 212(c), then he can avoid the reentry conviction as well. Two big ifs, but really his main shot at freedom anytime soon. Otherwise, he'll probably do about 3 years on the federal reentry by an aggravated felon.

Last edited by MDawg; 01-03-2008 at 01:43 AM..
  #23  
Old 01-03-2008, 06:10 PM
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well.... he is currently being prosecuted for reentry and his court sentencing is next week. ICE was going to reopen old case.. but decided to charge his with reentry instead. (he was arrested because he filed a 212). so after it is over, i don't know if they will send him in front of an immigration judge in arizona, or just ship him to TJ and deport him.
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  #24  
Old 01-04-2008, 12:57 PM
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He'll be sent to federal prison to do the time on the reentry, and then towards the end of his sentence, be transferred to ICE custody for removal proceedings. He might end up in a federal prison where the removal proceedings can happen while he is there.
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Old 01-04-2008, 01:52 PM
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okay, i might be dumb... but what exactly happens in 'removal proceedings'?
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