By Tamikka Pate After much belaboring over who is entitled to relief from removal under long-repealed Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), the BIA adopted an approach that places inadmissible and deportable LPRs on a truly level playing field, while disregarding mechanical distinctions that arise from statutory structure and bear no relation to the overall purpose of the immigration laws. Id. at 265.

Although the provision was repealed by the U.S. Congress on April 1, 1997, the U.S. Supreme Court held in INS v. St. Cyr, 533 U.S. 289 [PDF version] that the old section 212(c) was still available to LPRs who pled guilty to a crime prior to the effective repeal date of the old section 212(c). In the Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014) [PDF version], The BIA extended the class of LPRs eligible for section 212(c) relief to those who were convicted following a trial held before April 1, 1997 [seeForm Instructions].The Form I-191 is filed with the USCIS, unless the applicant is in immigration proceedings, in which case it is filed before the immigration court.