Post-Conviction Relief for Immigrants

            A motion for a judicial recommendation which was timely received and granted by the court, with notice properly given to the relevant parties, precluded the INS from using the conviction as a basis to charge deportability under former 8 U.S.C. § 1251(a)(4).  A JRAD was honored where the INS had not received the required notice, but did not object to the granting of the JRAD on the basis of lack of notice, and presented its position fully to the criminal sentencing court considering the JRAD.[80]  A JRAD, however, could not lawfully be issued if the procedural and notice requirements were not satisfied.[81]

[80] Matter of Ligidakis, 20 I. & N. Dec. 112 (BIA 1989).

[81] Former 8 C.F.R. § 241.1, 55 Fed. Reg., No. 59 (March 27, 1990).