Immigration · Primary-source case analysis

St. Cyr: Habeas Review Remained Available for a Plea Entered Before IIRIRA

By Aneeta Mishra and Timothy Chan

Published September 13, 2026

INS v. St. Cyr addressed federal habeas jurisdiction and reliance on discretionary immigration relief when a lawful permanent resident resolved a criminal case by plea.

A clear statement was required to remove habeas review

The Court found no sufficiently explicit congressional command eliminating district-court habeas jurisdiction over the legal question presented.

The plea carried immigration consequences

At the time of the plea, the respondent could seek a discretionary waiver under former section 212(c).

Retroactivity turned on settled expectations

Applying the later repeal to completed plea agreements would attach a new disability to a transaction undertaken in reliance on the prior legal regime.

Eligibility was preserved, not relief guaranteed

The decision allowed the respondent to seek discretionary consideration; it did not direct that a waiver be granted.

Key takeaways

• Fix the plea date and the governing immigration statute.
• Separate eligibility for relief from the discretionary merits.
• Identify the precise legal question presented on habeas.
• Develop the record of reliance and available relief at the time of plea.