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Keywords

felonydeportationliensrehabilitation
felonydeportationliens

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Edwards v. Immigration and Naturalization Service

Facts

Petitioner Anthony Milton Edwards entered the United States as a lawful permanent resident in 1986 and was later convicted of drug-related offenses, leading to deportation proceedings initiated by the INS. Despite an Immigration Judge granting him a 212(c) waiver based on his strong family ties and evidence of rehabilitation, the BIA reversed this decision, deeming him ineligible for relief. Edwards's case was complicated by the fact that he accrued more than five years of imprisonment, which ultimately led to his habeas petition after the BIA denied his request for reconsideration.

Petitioner Anthony Milton Edwards entered the United States as a lawful permanent resident in 1986. Prior to his incarceration on the charges forming the underlying basis for his deportation order, he was lawfully employed for many years, and served in the United States military. Petitioner Edwards has strong family ties in the United States, with both of his parents, as well as all of his siblings, residing here.

Issue

Whether aliens who were erroneously denied the opportunity to apply for 212(c) relief should be barred from seeking such relief due to their subsequent accrual of five or more years of imprisonment on aggravated felony offenses.

These cases, which we address together, raise the question of whether aliens who were erroneously denied the opportunity to apply for 212(c) relief, should be barred from seeking such relief as a result of their subsequent accrual of five or more years of imprisonment on one or more aggravated felony offenses.

Rule

An award of nunc pro tunc relief, if otherwise appropriate, would not contravene 8 U.S.C.S. 1182(c) (repealed 1996). To obtain nunc pro tunc relief, aliens must demonstrate that they were erroneously denied the opportunity to apply for 212(c) relief, and that, but for nunc pro tunc relief, that denial would be irremediable.

Thus, the appellate court found that an award of nunc pro tunc relief, if otherwise appropriate, would not contravene 8 U.S.C.S. 1182(c)(repealed 1996). Also, the appellate court found that to obtain nunc pro tunc relief the aliens needed to demonstrate that they were erroneously denied the opportunity to apply for 212(c) relief, and that, but for nunc pro tunc relief, that denial would be irremediable.

Analysis

The court found that the 1990 amendments to 212(c) were intended to limit the circumstances under which aggravated felons could receive relief, but did not preclude the possibility of nunc pro tunc relief for those who were erroneously denied the opportunity to apply. The court emphasized that the aliens had been deprived of the chance to apply for relief, which was granted in a significant percentage of cases, thus justifying the award of nunc pro tunc relief.

The appellate court found that the aliens were deprived of an opportunity to apply to the Executive Office for Immigration Review for a form of relief that, in a significant percentage of cases, was granted. Thus, an award of nunc pro tunc relief was the appropriate remedy for the aliens, both of whom accrued more than five years' imprisonment subsequent to the legally erroneous denial of their 212(c) applications.

Conclusion

The appellate court affirmed the district court's judgment in the first alien's case and mandated that the INS take necessary steps to grant relief to the second alien.

In the first alien's case, the appellate court affirmed the district court's judgment. In the second alien's case, the appellate court found that the writ should mandate that the INS take whatever steps were necessary to grant him relief.

Who won?

The prevailing party was the first alien, whose petition was affirmed by the appellate court, while the second alien was also granted relief through a mandate for the INS to act.

The appellate court affirmed the district court's judgment in the first alien's case and mandated that the INS take necessary steps to grant relief to the second alien.

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