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Immigration Law

CA5 on Cancellation, 'Admitted in Any Status' - Tula-Rubio v. Lynch

"Tula-Rubio contends that he satisfies the seven-year continuous-residency requirement of the second element because he was waved through a border crossing in 1992, while the Government argues that the Board correctly held that this entry into the country was insufficient to satisfy § 1229b(a)(2)’s requirement that he be “admitted in any status.” The only issue in this case is thus whether a wave-through entry, such as Tula-Rubio contends occurred, is an “admi[ssion] in any status” under § 1229b(a)(2). ...

The determinative issue is therefore whether the phrase “any status” imposes an additional requirement that an alien must satisfy in addition to being admitted to the United States. We find no basis for so concluding. ...

To the extent that the Board concluded the phrase “any status” indicates that the alien must “possess a certain legal standing” or “lawful status” at the time of admission, we disagree for the reasons already stated. ...

Tula-Rubio’s petition for review is GRANTED.  We VACATE the decision of the Board of Immigration Appeals and REMAND  for further proceedings to consider discretionary aspects of Tula-Rubio’s application for cancellation of removal." - Tula-Rubio v. Lynch, May 21, 2015.  [Hats off to Matthew Hoppock!]