Facts: Last year, two citizens of Cambodia approached the firm to see whether the firm could reopen their deportation orders from the mid 1990s. Both of our clients had serious criminal convictions that made them deportable as “aggravated felons” under the Immigration and Naturalization Act.
The Firm’s Representation: After receiving the results of the FOIA requests, the firm discovered that both of the citizens of Cambodia had been denied the opportunity to seek INA 212(c) relief in their deportation cases. The firm believed that reopening was possible based on the recent Supreme Court cases of Judulang v. Holder, 132 S. Ct. 476 (2011) and Vartelas v. Holder, 132 S. Ct. 1479 (2012), which broadened the availability of INA 212(c) relief. In February, 2014, the Board of Immigration Appeals issued its decision in Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), which cemented the Supreme Court decisions in the immigration removal system. The biggest challenge that the firm faced in reopening the cases was demonstrating that our clients were eligible for INA 212(c) relief and that they would merit relief as a matter of discretion.
Outcome: Both of our clients’ motions to reopen were granted by the Board of Immigration Appeals. Our clients were lucky because the Cambodia is not accepting criminal deportees from the United States and our clients were permitted to remain in the United States for many, many years after their deportation orders were final. Now, our clients will have the chance to get their green cards back.