Aggravated Felonies

An immigration judge formerly had the discretion to “suspend the deportation” of certain noncitizens who have resided illegally in the United States for several years.[415]  The suspension recipient could then adjust to lawful permanent residence.

Suspension of deportation was eliminated by the 1996 IIRAIRA, which replaced it with cancellation of removal for non-lawful permanent residents.[416]  Although the courts appear split on the retroactive effect of the repeal,[417] the rules governing suspension of deportation are clearly still relevant in at least two contexts.   First, people whose deportation proceedings began before April 1, 1997 are still eligible for suspension of deportation.  Second, special relief under NACARA legislation permits certain nationals of El Salvador, Guatemala and former Soviet Bloc countries to apply under the old suspension of deportation rules.[418]

[415] INA § 244(a)(1), 8 U.S.C. § 1254(a)(1).

[416] INA § 240A(b), 8 U.S.C. § 1229b(b).

[417] Compare Hernandez v. Gonzales, 437 F.3d 341 (3d Cir. Feb. 14, 2006) (repeal of suspension of deportation under former INA § 244(a), 8 U.S.C. § 1254a(a) does not have an impermissible retroactive effect on noncitizens who pleaded guilty to a deportable offense and who would have been eligible for suspension of deportation relief but for the repeal), with Lopez-Castellanos v. Gonzales, 437 F.3d 848 (9th Cir. Feb. 16, 2006) (suggesting noncitizen may be eligible for suspension of deportation based upon pre-IIRAIRA conviction, even though proceedings commenced prior to IIRAIRA).

[418] See discussion of NACARA in § 2.23, supra, and ILRC § 11.18.