Acebo-Leyva v. Holder
On January 17, 2014, Bancroft attorneys Viet D. Dinh, Paul D. Clement, and Michael H. McGinley filed a petition for a writ of certiorari in the Supreme Court of the United States in Acebo-Leyva v. Holder, No. 13-877. Bancroft’s client Juan Raicedo Acebo-Leyva is a Cuban immigrant who assisted anti-Castro forces in the Bay of Pigs operation. Mr. Acebo-Leyva spent his entire adult life in the United States as a lawful permanent resident, but in 2007 the government sought to remove him to Cuba based on convictions from 1981. Because he would face grave hardship and danger if removed to Cuba, Mr. Acebo-Leyva sought relief under Section 212(c) of the Immigration and Nationality Act and the Convention Against Torture. But the U.S. Court of Appeals for the Eleventh Circuit held that Mr. Acebo-Leyva was ineligible for Section 212(c) relief because Congress’ 1996 repeal of that provision applied retroactively to Mr. Acebo-Leyva’s earlier convictions and that it lacked jurisdiction over Mr. Acebo-Leyva’s Convention Against Torture claim. Mr. Acebo-Leyva’s certiorari petition challenged both rulings.
While Mr. Acebo-Leyva’s petition was pending, the Board of Immigration Appeals announced that immigrants in Mr. Acebo-Leyva’s position may seek discretionary relief under Section 212(c), based on the arguments that Bancroft advanced in Mr. Acebo-Leyva’s petition. Because he is now eligible for relief, Mr. Acebo-Leyva voluntarily dismissed his certiorari petition on June 25, 2014.