Alexis Milton Edwards v. Immigration and Naturalization Service, Eva Trinidad Falconi v. Immigration and Naturalization Service

CALABRESI, Circuit Judge.

These cases, which we address together, raise the question of whether aliens who were erroneously denied the opportunity to apply for § 212(c) relief, should be barred from seéking such relief as a result of their subsequent accrual of five or more years of imprisonment on one or more aggravated felony offenses. We conclude that Petitioners’ applications for § 212(c) relief should be judged by the Executive Office for Immigration Review (“EOIR”) 1 nunc pro tunc, that is, as if the Petitioners had not yet accrued five years’ imprisonment. Because we hold that it would…