CERNA

Citations

• 20 I. & N. Dec. 399

Syllabus

CERNA, 20 I&N Dec. 399 (BIA 1991) ID 3161 (PDF) (1) An applicant forrelief under section 212(c) of the Immigration and Nationality Act, 8U.S.C. §1182(c) (1988), must be a lawful permanent resident of theUnited States and must have a lawful unrelinquished domicile of 7 consecutiveyears. (2) Barring a subsequentreversal of a respondent's deportability finding by an appellate courtor administratively, an alien's status as a lawful permanent alien endsupon the entry of an administratively final order of deportation. (3) A respondent whois subject to an administratively final order of deportation cannot successfullymove to reopen deportation proceedings to again apply for relief undersection 212(c) of the Act as such a respondent is no longer a lawful permanentresident of this country. (4) Authority from onecircuit is not binding in another and the Board declines to follow theholding in Vargas v. INS, 938 F.2d 358 (2d Cir. 1991), outside the jurisdictionof the United States Court of Appeals for the Second Circuit. (5) Motions to reopenand motions to reconsider are separate and distinct motions with differentrequirements -- a motion to reconsider requests that the original decisionbe reexamined in light of additional legal arguments, a change of law,or an argument or aspect of the case that was overlooked, while a motionto reopen seeks to reopen proceedings so that new evidence can be presentedand a new decision entered on a different factual record, normally aftera further evidentiary hearing. (6) The Board of ImmigrationAppeals has not held that a respondent who has been denied relief undersection 212(c) of the Act is precluded from having the original decisionreconsidered. (7) The Board is notfavorably disposed to the practice of waiting until the conclusion of the administrative appeal process to file a motion that seeks to offeradditional evidence regarding the matter previously in issue. (8) The Board has notheld that the existence of outstanding equities creates a