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  • stop time rule

    Hello,

    I hope someone can help me figure this:

    I entered the US in 1989. On Feb 04 1997 the Immigration judge in LA GRANTED me suspension of deportation but his decision was appealed by the BIA due to IIRIRA change of the 7 year rule and the termination of time accrual upon serving the OSC. now my case is administratively closed.

    in light of the 9th circuit cases of Otarola Vs. INS and Cruz Vs. INS is there any chance that my case can be evaluated on pre-IIRIRA rules? since I was granted relief prior to IIRIRA taking effect on April 1 1997? what is my course of action now?

    any help is greatly appreciated...
    thank you,

    Dan

  • #2
    Hello,

    I hope someone can help me figure this:

    I entered the US in 1989. On Feb 04 1997 the Immigration judge in LA GRANTED me suspension of deportation but his decision was appealed by the BIA due to IIRIRA change of the 7 year rule and the termination of time accrual upon serving the OSC. now my case is administratively closed.

    in light of the 9th circuit cases of Otarola Vs. INS and Cruz Vs. INS is there any chance that my case can be evaluated on pre-IIRIRA rules? since I was granted relief prior to IIRIRA taking effect on April 1 1997? what is my course of action now?

    any help is greatly appreciated...
    thank you,

    Dan

    Comment


    • #3
      I'm not familiar with the two cases you're citing (otarava and cruz) and excuse me please, I can't search the entire database for them (you haven't even cited their decision date or circuits), BUT
      the new law states (unfortunatly) that accruel of time ends at the time of committing a crime or a conviction respectively, or then served with a previously so called "show cause" paper....

      There may be other remedies available, I don't know and you're giving way too little information as that could be determined in this forum. Seek a GOOD immigration attorney if staying here is financially and emotionally worth it... GOOD LUCK to you!!!

      Comment


      • #4
        well, I did mention they were 9th circuit court cases in my post.
        they are from the 9th circuit :

        Otarola v. INS, No. 99-71405 (9th Cir. Oct. 18, 2001)
        Guadalupe-Cruz v. INS, No. 99-70754 (9th Cir. Feb. 27, 2001)

        if any lawyers are reading this forum... how does these rulings affect the premature application of the "STOP-TIME RULE" (prior to april 1997)

        thank you

        zedo@yahoo.com

        Comment



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