8 C.F.R. § 1003.55

Current through November 30, 2024
Section 1003.55 - Treatment of post-conviction orders
(a)Applicability of Matter of Thomas & Thompson, 27 I&N Dec. 674 (A.G. 2019).
(1)Matter of Thomas & Thompson shall not apply to a criminal sentence:
(i) Where a court at any time granted a request to modify, clarify, vacate, or otherwise alter the sentence and the request was filed on or before October 25, 2019; or
(ii) Where the noncitizen demonstrates that the noncitizen reasonably and detrimentally relied on the availability of an order modifying, clarifying, vacating, or otherwise altering the sentence entered in connection with a guilty plea, conviction, or sentence on or before October 25, 2019.
(2) Where paragraph (a)(1) of this section applies, the adjudicator shall assess the relevant order under Matter of Cota-Vargas, 23 I&N Dec. 849 (BIA 2005), Matter of Song, 23 I&N Dec. 173 (BIA 2001), and Matter of Estrada, 26 I&N Dec. 749 (BIA 2016), as applicable.
(b)Post-conviction orders correcting errors. Adjudicators shall give effect to an order that corrects a genuine ambiguity, mistake, or typographical error on the face of the original conviction or sentencing order and that was entered to give effect to the intent of the original order.

8 C.F.R. §1003.55

89 FR 46794 , 7/29/2024