FRANTIC FILING AS NACARA DEADLINE PASSES
Amidst a great deal of confusion, on September 11th the filing deadline passed for filing motions to reopen deportation cases for those potentially eligible for the new immigration amnesty - the Nicaraguan and Central American Relief Act. The deadline applies to certain Salvadorans, Guatemalans and Eastern Europeans who filed asylum applications before a cutoff date in the early 1990s. Nicaraguans and Cubans are not affected by the deadline. While exact numbers of people affected by the deadline are not known, most estimate only one tenth of the NACARA-eligible have outstanding deportation orders.
As was the case for last minute filings under Section 245i of the Immigration and Nationality Act which expired in January, Immigration Courts stayed open past their normal hours on September 11th to handle the demand for filing.
Cases filed in the wrong venue will be transferred to the correct court and the INS has noted that it will not oppose these transfers. And the motion for suspension of deportation can be submitted apart from the motion to reopen.
If the INS plans to oppose a motion to reopen, it must file its response within 45 days of the motion filing.
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