Post-Conviction Relief for Immigrants

(C)  Legislative Pardons.  Legislative pardons are ineffective to avoid deportation.[149] 

[149] Matter of Tajer, 15 I. & N. Dec. 125 (BIA 1974); Matter of D, 7 I. & N. Dec. 476 (BIA 1957); Matter of R, 6 I. & N. Dec. 444 (BIA 1954) (legislative pardon received following a conviction on two indictments charging four offenses — fraudulent conversion, larceny, receiving stolen goods, and conspiracy to steal — did not qualify as executive pardon); Matter of H, 6

I. & N. Dec. 90 (BIA 1954) (recognizing rule); Matter of R, 5 I. & N. Dec. 612 (BIA 1954) (discharge from parole nunc pro tunc pursuant to a state statute providing that “punishment so endured [by convicted offender] shall have the like effects and consequences as a pardon by the Governor” held ineffective as a legislative pardon); Matter of Nolan, 19 I. & N. Dec. 539 (BIA 1988) (a pardon was held to be legislative, and therefore ineffective, when granted pursuant to a state constitutional provision specifying that on the recommendation of the board of pardons the Governor may pardon those convicted of criminal offenses and that “a first offender never previously convicted of a felony shall be pardoned automatically upon completion of his sentence, without a recommendation of the Board of Pardons and without action by the Governor.”).  Cf. Matter of K, 9 I. & N. Dec. 336 (BIA 1961) (statutory purpose to ban legislative pardons permits recognition of pardon granted by U.S. High Commissioner for Germany to Soviet citizen convicted of abortion).