11th Circuit Court of
Appeals Holds that 212(c) Relief Available
Where Order to Show Cause Served on Alien, but Not Filed with Immigration Court
June 27, 2003
In an important decision, the Eleventh Circuit Court of Appeals has ruled in Cunningham v. US Attorney General that a permanent resident alien, who was served with an Order to Show Cause prior to the enactment of the Immigration Reform Act of 1996, is eligible to file for section 212(c) and 212(h) relief, notwithstanding the fact that the Order to Show Cause was never filed with the Immigration Court.
Philip M. Zyne, counsel for petitioner in the case, commented that the Court correctly determined that deportation proceedings commence with the filing of the Order to Show Cause and service upon the respondent, and not when the Immigration Service decides to file the charges with the Immigration Court.
To view the entire court decision, click
here. 
