Waivers and Relief from Deportation

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April 5, 2012
This Practice Advisory describes the Supreme Court's decision in Vartelas v. Holder, holding that the Fleuti doctrine still applies to lawful permanent residents (LPRs) with pre-IIRIRA convictions. This means that LPRs with convictions before April 1, 1997 who travel abroad do not, upon their return, face inadmissibility if their trip was brief, casual and innocent. The Advisory offers strategies for LPRs who are affected by the decision and discusses some of the decision's other potential favorable impacts.
December 16, 2011
This Practice Advisory describes the Supreme Court’s decision in Judulang v. Holder, which rejected the BIA's "comparable grounds" test for § 212(c) relief, and offers strategies for lawful permanent residents and others who may be affected by it.
March 31, 2010
There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: (1) they did not receive notice of the hearing, and (2) they did not appear at their hearing because of exceptional circumstances. This Practice Advisory addresses the elements and requirements for an in absentia motion to reopen in both contexts.
December 26, 2008

This Q&A informs lawyers about some of the most important aspects of the December 18, 2008 voluntary departure rules adopted by Executive Office for Immigration Review.

October 19, 2004
Pursuant to the Supreme Court’s decision INS v. St. Cyr, the Department of Justice (DOJ) published its final rule on procedures for applying for section 212(c) relief. This Practice Advisory summarizes the rule and describes who can apply for § 212(c) relief under the rule. In addition, it discusses strategies and arguments to assist individuals who are barred under the rule.
August 6, 2018

A federal judge on Friday ordered the Trump administration to restart the Deferred Action for Childhood Arrivals (DACA) initiative by August 23. This ruling in the D.C. District Court comes just...

June 29, 2018

In an 8-1 decision on June 21, the Supreme Court ruled in favor of an individual previously prevented from applying for a type of relief from deportation known as cancellation of removal. In...

May 14, 2018

Immigration policies may be crafted on a national scale, under the purview of the federal government, but it is at the local level that immigrants live their lives. And it is at the local level...

May 4, 2018

Nearly 60,000 Hondurans learned today that they will no longer be able to remain in the United States with Temporary Protected Status (TPS), placing them at risk of deportation when termination...

March 15, 2018

While much of the national immigration conversation has focused on the fate of Dreamers and those with Temporary Protected Status, a little-known protection provided to Liberians is on the brink...

March 5, 2018

When President Trump terminated the Deferred Action for Childhood Arrivals (DACA) initiative last fall, he only allowed those whose DACA was due to expire before March 5 an opportunity to renew....

February 23, 2018

U.S. Citizenship and Immigration Services (USCIS) made abrupt and sweeping changes to how the agency will schedule interviews for affirmative asylum applications. Rather than interviewing those...

February 20, 2018

In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, utilizing a regulation that gives attorney generals the power to reconsider cases previously...

January 10, 2018

There has been a flurry of activity around finding a long-term solution for Dreamers this week. All three branches of government have engaged in these head-spinning developments, ultimately...

January 9, 2018

Secretary of Homeland Security Kristjen Nielsen announced on Monday that the Temporary Protected Status (TPS) designation for El Salvador would be terminated. The decision to terminate TPS for...

February 28, 2019

The Trump administration’s aggressive enforcement tactics have made immigrants with final removal orders more vulnerable. That’s why it is more important than ever to have basic due process...

February 28, 2019
The Trump administration’s immigration enforcement policies have increased immigrants’ vulnerability to swift deportation, making the ability to access safeguard more important than ever. The American Immigration Council and the Kathryn O. Greenberg Immigration Justice Clinic at Benjamin N. Cardozo School of Law filed a lawsuit to disclose critical information about how the Board of Immigration Appeals interprets legal safeguards that would allow these individuals to seek reopening or reconsidering of their immigration cases, and prevent the irreparable harms that can result from deportation.
August 6, 2018

A federal judge on Friday ordered the Trump administration to restart the Deferred Action for Childhood Arrivals (DACA) initiative by August 23. This ruling in the D.C. District Court comes just...

June 29, 2018

In an 8-1 decision on June 21, the Supreme Court ruled in favor of an individual previously prevented from applying for a type of relief from deportation known as cancellation of removal. In...

May 14, 2018

Immigration policies may be crafted on a national scale, under the purview of the federal government, but it is at the local level that immigrants live their lives. And it is at the local level...

May 4, 2018

Nearly 60,000 Hondurans learned today that they will no longer be able to remain in the United States with Temporary Protected Status (TPS), placing them at risk of deportation when termination...

March 15, 2018

While much of the national immigration conversation has focused on the fate of Dreamers and those with Temporary Protected Status, a little-known protection provided to Liberians is on the brink...

March 5, 2018

When President Trump terminated the Deferred Action for Childhood Arrivals (DACA) initiative last fall, he only allowed those whose DACA was due to expire before March 5 an opportunity to renew....

February 23, 2018

U.S. Citizenship and Immigration Services (USCIS) made abrupt and sweeping changes to how the agency will schedule interviews for affirmative asylum applications. Rather than interviewing those...

February 20, 2018

In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, utilizing a regulation that gives attorney generals the power to reconsider cases previously...

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