24667: Hermantin (news) Deadline looming to file motions

[sak-pase@bimini.ws]

leonie hermantin <lhermantin@hotmail.com>


Posted on Mon, Apr. 04, 2005
IMMIGRATION
Deadline looming to file motions
BY ALFONSO CHARDY
achardy@herald.com


Certain foreign nationals facing deportation because of guilty pleas entered 
prior to April 1997 could avoid expulsion if they file a motion in 
immigration court.

A 2001 Supreme Court decision spares from deportation certain permanent 
residents who pleaded guilty or no contest prior to April 1, 1997, to 
aggravated felony charges and were not advised of the immigration 
consequences of their pleas.

But there is a looming deadline and individuals must apply by April 26.

''Thousands of people are in that condition and qualify for this relief,'' 
said Coral Gables immigration attorney Eduardo Soto, who is spearheading a 
drive to publicize the approaching deadline.

``If they meet basic criteria, their case will be reopened.''

Soto's office is already handling some cases and is challenging language in 
the notice that prohibits setting aside deportation orders against foreign 
nationals who went to trial, not just those who pleaded guilty.

The 2001 Supreme Court ruling, widely known as the St. Cyr decision, created 
an exemption to toughened 1996 immigration laws under which foreign 
nationals convicted of aggravated felonies have little option to avoid 
deportation.

The decision stemmed from a case involving a Haitian national, Enrico St. 
Cyr, who had pleaded guilty without being advised about the consequences his 
plea would have on his immigration status.