§ 10.75 2. INA §212(c) Waiver 5-Year Bar
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An immigrant who would have been eligible for discretionary relief from removal in immigration court at the time of the entry of the plea agreement in a criminal case, pursuant to former INA § 212(c), remains eligible for that relief at the present time. In order to qualify for this relief, certain noncitizens must not have actually served a total of five years or more in custody as the result of one or more aggravated felony convictions. See § 24.28(E), infra.
Counsel can avoid a sentence-based disqualification for this relief by obtaining aggravated-felony sentences ordered by the court(s) such that the aggregate total of all of them is less than five years.
 INS v. St. Cyr, 533 U.S. 289, n.48, 121 S.Ct. 2271 (2001), affirming St. Cyr v. INS, 229 F.3d 406 (2d Cir. 2000).
 The Immigration Act of 1990 (effective November 29, 1990), and the Technical Corrections Act of 1991 (effective December 12, 1991), imposed this requirement. The person remains eligible for INA § 212(c) relief until the five years have actually been served. Matter of Ramirez-Somera, 20 I. & N. Dec. 564 (BIA 1992).