Attorney General Vacates
Matter of N-J-B- and Announces
Initiative on Suspension of Deportation

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N-J-B- Vacated. Attorney General Janet Reno announced today that she has directed the Board of Immigration Appeals to refer to her for review its decision in Matter of N-J-B- (Feb. 20, 1997), the case in which the Board ruled that time spent in proceedings could no longer count toward the residency requirement for suspension of deportation. She vacated the case pending any further determination. In a letter to House Speaker Newt Gingrich, the Attorney General states that to "ensure fair treatment of transitional cases under the new law, I am vacating and taking under review the decision of the Board of Immigration Appeals in Matter of N-J-B-"

Initiative on Suspension Announced. The Attorney General also announced that next week the Administration will transmit to Congress a legislative proposal, the "Immigration Reform Transition Act of 1997". According to a Justice Department press release, the proposed legislation 1) clarifies that the provision regarding that physical presence be accrued before proceedings begin applies only to cases filed after April 1, 1997; 2) specifies that all ABC class members will be judged by pre-April 1 standards; 3) gives persons with final orders of deportation 180 days to file a motion to reopen their proceedings to request suspension (such motions must generally be filed within 90 days); and 4) that deserving requests for suspension filed before April 1, 1997 will not be denied because of the 4,000 cap.

The Attorney General also announced that if the legislative proposal is not enacted, she is prepared to recommend to the President any available administrative option, including Deferred Enforced Departure, to protect from deportation ABC class members and participants in the Nicaraguan Review Program.

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