Criminal Defense of Immigrants

Convictions of certain offenses, including aggravated felonies, may be waived under former INA § 212(c) if the noncitizen entered a plea agreement or was convicted prior to April 24, 1996.  The relief may be unavailable if the noncitizen actually served five years or more for the conviction(s).[344]

NOTE:  New Regulations.  On September 28, 2004, the Department of Justice issued a new final rule on former INA § 212(c) applications for persons with criminal convictions occurring prior to April 1, 1997.[345]  This regulation includes some requirements contrary to case law in some jurisdictions, and imposes some new requirements.  Both the new regulations and current case law (which may or may not survive in light of these regulations) are discussed below.

[344] See § 24.28(E), infra.

[345] INA § 212(c), 8 U.S.C. § 1182(c); 8 C.F.R. § § 1003.44, 1212.3, 1240.1.