Deportation & Immigration Court
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, Nelson & Nuñez, P.C. can help you. Nelson & Nuñez, P.C. has extensive experience in all types of immigration court proceedings, and a proven track record of success with INA 212(c) cases. Contact Nelson & Nuñez, P.C. today to schedule a 100% confidential consultation.
"After INS lost a change of address letter I have sent to them, my application was denied and I was placed on deportation proceedings. I have been fighting my deportation case for over 10 years,and felt really helpless, I hired the top attorneys in LA and NY, they were all unsuccessful in helping me and charged me a fortune, I felt as if I was just another client to them in the index of many others.
General Deportation & Immigration Court Information
Release on Bond
Asylum in Immigration Court
Cancellation of Removal
TPS - Temporary Protected Status
Motions to Reopen
Immigration Court Appeals
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