Special Alert for certain aliens who applied for temporary residence benefits under § 210 (the Special Agricultural Worker ("SAW") Program) or under § 245A (the "Amnesty/Legalization" Program) of the Immigration and Nationality Act, as enacted by the Immigration Reform and Control Act of 1986.  Aliens in proceedings today, which may have filed an application under either of those programs during their effective time, will have a new opportunity to have their cases reheard by a federal court of appeals.  Which aliens may be affected. A great number of aliens who are now or were before in deportation, exclusion or removal proceedings, may have been applicants for benefits under the Immigration Reform and Control Act of 1986 (IRCA) Public Law 99-603, as applicants for legalization benefits under section 245A of the Immigration and Nationality Act or for benefits under the Special Agricultural Worker (SAW) program under section 210 of the Act. Go Back to Home Page  Why is this significant now. Specific provisions under IRCA’s Legalization and SAW programs allow for judicial review of those administrative decisions ONLY in conjunction with the filing of a "Petition for Review" of a final order (of deportation, exclusion or removal) of the Board of Immigration Appeals. In many instances, these provisions authorizing for judicial review of either the Legalization or SAW programs may be the best opportunity yet, which such aliens may have at obtaining appropriate redress of their original claims, including ultimately the ability of obtaining legal status in the United States. This is especially true after the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) Pub. L. No. 104-208, 110 Stat. 3009, where an alien who has been ordered removed after his or her application for relief was denied in the exercise of discretion and where judicial review of such denials have been substantially curtailed by the enactment of numerous provisions of IIRAIRA, which preclude judicial review of discretionary decisions. Thus, it is essential in such cases to bring any Legalization and SAW program administrative decision to judicial review “readiness”. This means in some cases that the current procedural status of an alien's Legalization or SAW program application MAY require further action from the part of the alien who is (or will be) seeking judicial review of those decisions, in order to exhaust and preserve important issues. In many instances, it may be necessary for the alien to file an “untimely” appeal of a Legalization or SAW program denial in preparation for seeking judicial review, if and when it is determined appropriate. Upon request, Immigration AppealWorks® will file an application to obtain a copy of the Legalization or SAW program administrative record under the Freedom of Information Act. After a careful examination of the administrative record we will make whatever recommendations we believe may be necessary in order to render such decision amenable to "judicial review" (in the United States Court of Appeal) in conjunction with a Petition for Review of a final order of the BIA. An alien described above who has been affected by a discretionary adverse final order of deportation, exclusion or removal from the BIA, where the judicial review preclusion clauses of IIRAIRA apply, may find that a Petition for Review on his or her application under section 210 or 245A is his or her last (and sometimes best) chance to obtain legal status. Aliens who fall under these two categories (SAW and Legalization applicants) should not under estimate the importance of seeking a copy of their file in preparation of the need to seek a petition for review of said decisions with a Court of Appeal of the United States. Tell Us About Your Case Foreign-Born Population of the United States links with the US Census Bureau. LINKS FOR EOIR & OTHER FORMS: Form Number Title Purpose Obtain From EOIR-26 (Revised Sept. 2002) Notice of Appeal to BIA of Decision of Immigration Judge Appeal of IJ decision Types of Appeals and Required Fees IC BIA EOIR-26A (Revised Sept. 2002) Fee Waiver Request Fee waiver (appeals or motions) IC BIA EOIR-27 Notice of Entry of Appearance as Attorney or Representative Before BIA Appearance as representative (before BIA) IC BIA EOIR-28 Notice of Entry of Appearance as Attorney or Representative Before Immigration Judge Appearance as representative (before an IJ) IC EOIR-29 (Revised Sept. 2002) Notice of Appeal to BIA of Decision of District Director Appeal of DHS decision (BIA jurisdiction) BIA CIS EOIR-30 OCAHO Subpoena Form Subpoena OCAHO EOIR-31 Request for Recognition as a Nonprofit Religious, Charitable, Social Service, or Similar Organization Established in the United States Application for accreditation to represent others in immigration proceedings before the INS and BIA. BIA EOIR-33/BIA Change of Address Form Change of address (cases pending before BIA) IC BIA EOIR-33/IC Change of Address Form Change of address (cases pending before IJ) IC EOIR-40 Application for Suspension of Deportation WARNING: Photo requirements for this form have changed Suspension of deportation IC CIS EOIR-42A (Revised August. 2002) Application for Cancellation of Removal for Certain Permanent Residents Cancellation of removal (permanent residents) IC CIS EOIR-42B (Revised August. 2002) Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents WARNING: Photo requirements for this form have changed Cancellation of removal (nonpermanent residents) IC CIS EOIR-44 Immigration Practitioner Complaint Form File a complaint against an attorney or representative IC EOIR-45 Notice of Appeal to the Board of Immigration Appeals of Decision of Adjudicating Official in Practitioner Discipline Case Appeal of Adjudicating Official's decision in a Practioner Discipline Case BIA I-485 Application to Register Permanent Residence or to Adjust Status WARNING: Photo requirements for this form have changed Adjustment of Status CIS I-589 Application for Asylum and Withholding of Removal Asylum IC CIS I-881 NACARA - Suspension of Deportation or Application for Special Rule Cancellation of Removal WARNING: Photo requirements for this form have changed Application for Relief Under NACARA CIS