Edwards v. Immigration and Naturalization Service

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 seeking 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") nunc pro tunc, that is, as if the Petitioners had not yet accrued five years imprisonment. Because we hold that it would be appropriate to award Petitioners equitable relief, we do not decide the issue of whether § 212(c), as a matter of statutory interpretation, compels the same result.