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Decisions · 533 U.S. 289 (2001)

INS v. St. Cyr

The Supreme Court held that former INA §212(c) relief remained available to certain people whose pre-IIRIRA convictions resulted from plea agreements. This is a historically bounded retroactivity ruling, not a general current waiver.

Published:

Scope and purpose

Applying the presumption against retroactive legislation, the Court addressed reliance on the former discretionary-relief framework when a plea was entered. The decision also addressed habeas jurisdiction under the statutory framework then before it.

Related rules and practical context

Conviction and plea dates, the former eligibility rules and subsequent authority matter. Do not confuse former §212(c) relief with Form I-601 or the unlawful-presence waiver framework. INA §242 governs many current judicial-review questions.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is INS v. St. Cyr?

The Supreme Court held that former INA §212(c) relief remained available to certain people whose pre-IIRIRA convictions resulted from plea agreements. This is a historically bounded retroactivity ruling, not a general current waiver.

What should I check before relying on this information?

Conviction and plea dates, the former eligibility rules and subsequent authority matter. Do not confuse former §212(c) relief with Form I-601 or the unlawful-presence waiver framework. INA §242 governs many current judicial-review questions.

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