INS v. St. Cyr, 533 U.S. 289, 8 (2001)

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296

INS v. ST. CYR

Opinion of the Court

whose continued residence in this country has depended on their eligibility for 212(c) relief is extremely large, and not surprisingly, a substantial percentage of their applications for 212(c) relief have been granted.5 Consequently, in the period between 1989 and 1995 alone, 212(c) relief was granted to over 10,000 aliens.6

of at least one year is imposed (as opposed to five years pre-IIRIRA), compare 1101(a)(43)(G) (1994 ed., Supp. V) with 1101(a)(43)(G) (1994 ed.), and all convictions involving fraud or deceit in which the loss to the victim exceeds $10,000 (as opposed to $200,000 pre-IIRIRA), compare 1101(a)(43)(M)(i) (1994 ed., Supp. V) with 1101(a)(43)(M)(i) (1994 ed.). In addition, the term includes any "crime of violence" resulting in a prison sentence of at least one year (as opposed to five years pre-IIRIRA), compare 1101(a)(43)(F) (1994 ed., Supp. V) with 1101(a)(43)(F) (1994 ed.), and that phrase is itself broadly defined. See 18 U. S. C. 16 ("[A]n offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another," or "any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense").

5 See, e. g., Rannik, The Anti-Terrorism and Effective Death Penalty Act of 1996: A Death Sentence for the 212(c) Waiver, 28 U. Miami Inter-Am. L. Rev. 123, 150, n. 80 (1996) (providing statistics indicating that 51.5% of the applications for which a final decision was reached between 1989 and 1995 were granted); see also Mattis v. Reno, 212 F. 3d 31, 33 (CA1 2000) ("[I]n the years immediately preceding the statute's passage, over half the applications were granted"); Tasios, 204 F. 3d, at 551 (same).

In developing these changes, the BIA developed criteria, comparable to common-law rules, for deciding when deportation is appropriate. Those criteria, which have been set forth in several BIA opinions, see, e. g., Matter of Marin, 16 I. & N. Dec. 581 (1978), include the seriousness of the offense, evidence of either rehabilitation or recidivism, the duration of the alien's residence, the impact of deportation on the family, the number of citizens in the family, and the character of any service in the Armed Forces.

6 See Rannik, 28 U. Miami Inter-Am. L. Rev., at 150, n. 80. However, based on these statistics, one cannot form a reliable estimate of the number of individuals who will be affected by today's decision. Since the 1996 statutes expanded the definition of "aggravated felony" substantially—and retroactively—the number of individuals now subject to deportation absent 212(c) relief is significantly higher than these figures would sug-

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