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212(c) Relief and Waiver Expanded

Immigration Consequences of Criminal Proceedings

old criminal waiver

(1) The date of an alien’s plea agreement, rather than the date of sentencing, is controlling in determining whether the alien is eligible for a waiver under former section 212(c)of the Immigration and Nationality Act, 8 U.S.C. § 1182(c) (1994).

(2) The decision of the United States Court of Appeals for the Ninth Circuit in Abebe v. Mukasey, 554 F.3d 1203 (9th Cir. 2009), does not invalidate 8 C.F.R. § 1212.3 (2009), so as to preclude an alien who seeks to waive a deportation ground from establishing
eligibility for section 212(c) relief.