For respondents who have been convicted of an aggravated felony, cancellation of removal is not available; however, relief under former INA 212(c) may still be available to those individuals. When discussing INA 212(c) availability, conviction dates are extremely important.

The aggravated felony conviction must have occurred before April 24, 1996, and the respondent must have pleaded guilty. (Note: if the respondent was convicted after a trial as opposed to a plea agreement, INA 212(c) is most likely not available depending on the facts of the individual case.) Additionally, the respondent must have served five years or less in prison to remain eligible. If the conviction occurred before November 29, 1990, the respondent remains eligible for INA 212(c) relief even if s/he served more than five years in prison.

INA 212(c) relief is similar to cancellation of removal in that the immigration judge makes a discretionary decision whether to grant INA 212(c). The immigration judge weighs several factors in making this determination.

If you or a loved one is in deportation or removal proceedings, The Nuñez Firm can help you. Managing attorney Jay Nuñez has extensive experience in all types of immigration court proceedings, and a proven track record of success with INA 212(c) cases. Contact The Nuñez Firm today to schedule a free and 100% confidential consultation.

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