DEADLINE FOR SORIANO REOPENINGS  -- JULY 23, 2001

The deadline to apply for reopening of Soriano cases under 8 C.F.R. §3.44 is July 23, 2001.  This may be an alien's only opportunity to preserve or regain lawful permanent resident status.  The regulations apply to a wide range of cases, even if no 212(c) claim was made in the case while it was in immigration court, so long as an alien was and remains eligible for 212(c) as it existed prior to April 24, 1996.  This relief is extremely important for aliens who have not yet been deported - including aliens with final deportation orders who are in indefinite detention or who have been released under an order of supervision.  A Soriano reopening may give this alien a chance to regain status as a lawful permanent resident.

To evaluate whether you or someone you know is eligible for a Soriano reopening use the following criteria:

A. alien was a lawful permanent resident placed in proceedings based on a criminal conviction.

B. the case was commenced in immigration court before April 24, 1996.

C. the alien has a final order of deportation.

D. the alien would presently be able to apply for 212(c) as it was in effect on April 23, 1996 - in other words, the alien has not served more than five years for an aggravated felony conviction.

E. Either:

1. The alien applied for and was denied 212(c) relief based on Matter of Soriano.

or  2. The alien applied for and was denied 212(c) relief and did not appeal, and would have been eligible but for Matter of Soriano.

or 3. The alien did not apply for 212(c) but would have been eligible but for Matter of Soriano.

F. The alien has not departed the United States or illegally reentered .

There are risks and benefits of seeking a Soriano reopening.  If a alien was released from criminal custody after October 8, 1998, reopening could trigger detention under mandatory detention rules.  Aliens need to understand this danger and weigh it against the possibility of regaining their status as lawful permanent residents.  With respect to aliens from countries with which the United States does not have repatriation agreements, one consideration is the real danger that the United States will enter into repatriation agreements and that these clients will then be subject to summary removal.

In cases in which you decide to pursue a Soriano reopening, file a motion to reopen with an I-191 and supporting documents or a copy of the original I-191. File the Motion with the Immigration Court or the Board, depending on which last had jurisdiction over the case. No filing fee is required for the motion to reopen.

In cases where a client has a pending motion to reopen before the Immigration Court or the BIA, a new motion to reopen based on the regulations must be filed.