Category Archives: Cancellation Of Removal and The Stop-Time Rule

SCOTUS Pereira v. Sessions: A Notice to Appear that does not include the specific time and place of the non LPRs removal proceedings does not trigger the stop-time rule under §1229(a) of the INA.

Posted on June 21, 2018 by Mike Baker

The Pereira decision is significant to many non-citizens who received notices like Pereira’s. The clock continued to run on their physical presence in the U.S. after they received notices without dates, which will potentially enable them to qualify for relief … Continue reading →

Posted in Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule, Cancellation of Removal for Non LPRS under INA Section 240A(b)(1), Continuous Residence Exceptions, Notice to Appear, SCOTUS, stop-time, Stop-Time Rule | Leave a comment

CA7 upholds denial of cancellation of removal as continuous residency stopped at conviction

Posted on January 17, 2016 by Mike Baker

Isunza came to the U.S. from Mexico at age 17 in 1978. His parents were lawfully present in the U.S., but Isunza became a permanent resident through the sponsorship of his wife in 1994. In 1998, he was found guilty … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule | Leave a comment

Cancellation of Removal for Non-Lawful Permanent Residents under INA Section 240A(b)(1)

Posted on October 23, 2014 by Mike Baker

Statutory Eligibility. To be eligible for cancellation of removal under INA § 240A(b), the applicant must establish that s/he (1) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding … Continue reading →

Posted in Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule, Cancellation of Removal for Non LPRS under INA Section 240A(b)(1), Cancellation of Removal for Non-Lawful Permanent Residents, Non-LPR cancellation, Uncategorized, Voluntary Departure At Conclusion of Proceedings | Comments Off on Cancellation of Removal for Non-Lawful Permanent Residents under INA Section 240A(b)(1)

CA7 finds alien’s continuous presence in the United States ends upon the service of a Notice to Appear on the alien, even if that notice is missing the date and time of the initial hearing.

Posted on July 22, 2014 by Mike Baker

An alien otherwise inadmissible can be eligible for cancellation of removal if, among other things, he establishes that he “has been physically present in the United States for a continuous period of at least ten (10) years immediately preceding the … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, BIA, Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule, Chicago Immigration Court, Stop-Time Rule | Leave a comment