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Sample "Motion to Reopen to File for 212(c) Relief" The
following is a sample pro se "Motion to Reopen to File for 212(c)
Relief" pursuant to the Magana-Pizano decision in the Ninth Circuit Court
of Appeals. Courtesy of AILA. INSTRUCTION
SHEET I. ELIGIBILITY You may be eligible to seek relief from deportation or removal from the United States if the following apply to you:
If all of the above apply in your case, you may be eligible to seek relief from deportation/removal from the United States under the federal court opinion issued by the Ninth Circuit Court of Appeals in Magana-Pizano, 200 F. 3d 603 (9th Cir. 1999). In that case, the court said LPRs with criminal convictions that occurred on or before April 24, 1996 who were in deportation proceedings prior to that time can still apply for relief from deportation under a section of the law that was known as 212(c). Section 212(c) was a type of pardon that allowed some lawful permanent residents who committed crimes to stay in the United States. In the Magana decision, the judges also said that if an LPR could show that he or she plead guilty on or before April 24, 1996 and was placed in removal proceedings at any time after that, he or she may still be able to apply for 212(c) relief. What that means is if you entered a guilty plea on or beofre April 24, 1996 because you thought that you would not be deported fro the crime, you may still be able to apply for 212(c) relief, regardless of when the INS began immigration proceedings against you. II. WHAT TO FILE If your case fits all of the above conditions, you should consider filing a Motion to Reopen under Magana-Pizano v. INS. Generally, Motions to Reopen must be filed within 90 days of the final order of deportation or removal. However, this time limit may not apply if you file your Motion to Reopen based on the Magana-Pizano court case. You may also seek relief under the Magana-Pizano court case by filing a Petition for Writ of Habeas Corpus with the United States District Court. To file the Motion to Reopen and Request a Stay of Deportation/Removal, you must do the following:
III. WHERE TO FILE Once you have gathered all of the information above, completed the Pro Se Motion to Reopen and Fee Waiver Request, put all the documents together in an envelope, with the Motion to Reopen on top, and mail to: Executive Office for Immigration Review Make sure to write in big block letters at the bottom of the envelope: SPECIAL 'MAGANA' MOTION TO REOPEN. You must also send a copy of the Pro Se Motion to Reopen and all of the attached documents to the Immigration and Naturalization Office in your District. You should mail it to the attention of the District Counsel.
NUMBER 1 U.S. DEPARTMENT OF JUSTICE ________________________________ In the Matter of: No. A (Name) (File number)
Respondent.
MOTION TO REOPEN PROCEEDINGS AND STAY DEPORTATION
I, ______________________________, hereby move to reopen deportation/removal proceedings and stay deportation in my case in order to apply for relief from deportation/removal under former Section 212(c) of the Immigration & Nationality Act. In addition, I request that the Board waive the 90-time and number limitation pursuant to 8 C.F.R. §3.2(a) because the decision in Magana-Pizano v. INS reverses the Attorney General's decision in Matter of Soriano. In support of this motion, I hereby state as follows. 1. I am a native and citizen of ________________________________. 2. I was convicted of the following crime(s) on or before April 24, 1996: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________. 3. I served less than five years imprisonment for the above crimes. 4. I have been a lawful permanent resident of the United States since _________ and have resided in the United States for at least seven years. 5. On or about I was ordered deported/removed from the United States by an Immigration Judge/Board of Immigration Appeals. 6. Under the decision in Magana-Pizano v. INS, 1999 U.S. App. LEXIS 33814, I am eligible to apply for relief under former INA Section 212(c). I hereby declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, and I move to reopen my case in order to apply for relief under former Section 212(c) of the INA.
_______________________________ (Signature) DATE: _____________________ I certify that I gave or mailed a copy of this motion to the INS at the following address: ______________________________________________ on ____________, 2000. _______________________________ (Signature)
NUMBER 2 U.S. DEPARTMENT OF JUSTICE _________________________________ In the Matter of: No. A (Name) (File number) Respondent. MOTION TO REOPEN PROCEEDINGS AND STAY DEPORTATION I, ______________________________, hereby move to reopen deportation/removal proceedings and stay deportation in my case in order to apply for relief from deportation/removal under former Section 212(c) of the Immigration & Nationality Act. . In addition, I request that the Board waive the 90-time and the number limitation pursuant to 8 C.F.R. §3.2(a) because the decision in Magana-Pizano v. INS reverses the Attorney General's decision in Matter of Soriano. In support of this motion, I hereby state as follows. 1. I am a native and citizen of ____________________________. 2. I plead guilty to the following crimes on or before April 24, 1996: ________________________________________________________ ________________________________________________________ ________________________________________________________ 3. I entered my plea(s) of guilty with the understanding that it would not affect my immigration status and I would not be deported. 4. I served less than five years imprisonment for the above crimes. 5. I have been a lawful permanent resident of the United States since and have resided in the United States for at least seven years. 6. On or about I was ordered deported/removed from the United States by an Immigration Judge/Board of Immigration Appeals. 7. Under the decision in Magana-Pizano v. INS, 1999 U.S. App. LEXIS 33814, I am eligible to apply for relief under former INA Section 212(c). I hereby declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, and I move to reopen my case in order to apply for relief under former Section 212(c) of the INA. _______________________________ (Signature) DATE: _____________________ I certify that I gave or mailed a copy of this motion to the INS at the following address: ______________________________________________ on ____________, 2000. _______________________________ (Signature)
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