Tooby's California Post-Conviction Relief for Immigrants

Even now, where a conviction for a crime involving moral turpitude or aggravated felony conviction is triggering deportation or inadmissibility, and the sentence date preceded November 29, 1990, counsel should carefully check the court file to determine whether the sentencing judge granted a JRAD.  If so, the JRAD will still eliminate deportability or inadmissibility based upon the conviction.  The statute that repealed JRADs did not revoke the effectiveness of JRADs granted before November 29, 1990.  The regulations reflect this view.[102]  The Fifth Circuit agrees.[103]

[102] 8 C.F.R. § 240.10(d) (“The alien shall provide a court certified copy of a Judicial Recommendation Against Deportation (JRAD) to the immigration judge when such recommendation will be the basis of denying any charge(s) brought by the Service in the proceedings against the alien.  No JRAD is effective against a charge of deportability under former section 241(a)(11) of the Act or if the JRAD was granted on or after November 29, 1990.”); Memorandum by INS Commissioner Gene McNary, February 4, 1991, reprinted in Interpreter Releases, February 25, 1991, p. 220.

[103] Rentería-González v. INS, 322 F.3d 804, 811 (5th Cir. Feb. 27, 2003) (amending opinion on denial of rehearing) ("[P]re-enactment JRAD's remain effective. Thus, the INS could not have deported Renteria-Gonzalez for the offenses specified in the JRAD even after enactment of the [Immigration] Act [of 1990 which abolished future grants of JRADs]).