INSTRUCTION SHEET
PRO SE MOTION TO REOPEN UNDER MAGANA-PIZANO

I.  ELIGIBILITY

You may be eligible to seek relief from deportation or removal from the United States if the following apply to you:

• You are a lawful permanent resident ("LPR");
  
  
• You lived in the United States for at least seven years legally on the date of deportation or removal proceedings against you.
  
  
• You have not served a sentence of five years or more in jail or prison for your crime(s) (regardless of what your sentence is). 
  
  
• Your conviction date(s) was on or before April 24, 1996, OR  you plead guilty on or before April 24, 1996 believing that your guilty plea would not result in your deportation or removal from the United States;
  
  
• You have a final order of deportation/removal issued either by the Immigration Court or by the Board of Immigration Appeals. 

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:

• Pro Se Motion:  Complete the enclosed Pro Se Motion to Reopen.  Make sure to complete the right one.  Number 1 applies only if your conviction is dated on or before April 24, 1996 and the INS started deportation proceedings before April 24, 1996.  Number 2 applies only if you plead guilty before April 24, 1996, believing that your plea and conviction would not result in your deportation and the INS placed you in proceedings after April 24, 1996. 
  
  
• Fee Waiver Request:  The filing fee for a Motion to Reopen is $110.00.  However, you can request special permission to file without paying the fee.  If you cannot afford the $110.00 fee, complete the enclosed Appeal Fee Waiver Request and attach it to your Motion to Reopen. 
  
  
• Supporting Documentation:  When you file a Motion to Reopen, you must attach proof that you are eligible for the relief you are requesting. What that means is that you must submit documents to prove: 1) You are a lawful permanent resident who has resided in the United State for seven years before immigration proceedings against you began; 2) You did not serve five years or more for your crime(s) before you requested relief from deportation under former 212(c); 3) You have been rehabilitated; and, 4) It would cause you and your family extreme hardship if you were deported. You should submit the following documents to prove you are eligible:
  
  
  • Form I-191:  This form is included in this Pro Se Packet.  This is the form you must complete and include with the Pro Se Motion to Reopen.  You do not have to pay a filing fee for this application unless and until the Board of Immigration Appeals grants the Motion to Reopen and sends your case back to the Immigration Judge.
    
    
  • Deportation or Removal Order:  Where possible, attach a copy of the final order of deportation or removal issued in your case. 
    
    
  • Affidavit:  You should write an affidavit (notarized letter) explaining the following: who you are; when you became a lawful permanent resident; when you entered the United States; that you have resided here for seven years or more; that you have not served five years or more for your crime(s); that you have been rehabilitated since committing your crime (you should mention positive things you've done with your life to turn yourself around since the time of the crime(s)); information regarding your family here in the United States; and, finally, that it would be an extreme hardship for both you and your family if you are deported.
    
    
  • Documents to Show Rehabilitation:  Submit any school records, letters from family and friends . . . etc. to state how much you have changed for the better since the time of your crime(s). 

 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
Board of Immigration Appeals
Clerk's Office
5201 Leesburg Pike, Suite 1300
Falls Church, Virginia 22041

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
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
BOARD OF IMMIGRATION

________________________________

In the Matter of:

   No. A

        (Name)                (File number)

    Respondent.      

MOTION TO REOPEN PROCEEDINGS AND STAY DEPORTATION
UNDER Magana-Pizano v. INS

     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
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
BOARD OF IMMIGRATION

_________________________________

In the Matter of:

  No. A

        (Name)                (File number)

    Respondent.      

MOTION TO REOPEN PROCEEDINGS AND STAY DEPORTATION
UNDER Magana-Pizano v. INS

  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)