Aggravated Felonies

(A)  Deferred Action Status.  Deferred Action Status (DAS) has been a mechanism in which the noncitizen asks the immigration authorities to postpone or completely terminate deportation proceedings.  It first appeared as a policy, and was then codified.[98]  It applies, for example, to a noncitizen granted asylum, unless the grant of asylum is first revoked.[99]

The Operations Instruction provided that the application should be made to the District Director of the INS.  This application is usually a last-ditch request to avoid actual removal in a case with exceptional equities, but is no way to win lawful resident permanent status or to avoid issuance of a removal or deportation order.  For example, in San Francisco, the INS granted DAS to a young man with a minor drug conviction and an otherwise excellent record, whose entire family had just won suspension of deportation.  The application for DAS should be specific and as well documented as possible.  The assistance of a well-known and respected immigration attorney with good relations with the immigration authorities, as well as outstanding equities for the applicant, may be particularly important.

[98] Operations Instructions 242.1(a)(22).  The Operations Instruction was rescinded in July 1997 as part of major changes in the OI to comport with the 1996 IIRAIRA, but the policy is still being followed and the OI is expected to return.

[99] 8 C.F.R. § 208.22.