In an unpublished decision dated Dec. 4, 2023 a panel of the Ninth Circuit remanded for a new hearing. The facts are stunning...unless you practice immigration law: "Because Lead Petitioner credibly...
This document is scheduled to be published in the Federal Register on 12/07/2023 "The Department of State (“Department”) is amending its regulation governing immigrant visas by removing...
On July 10, 2023, a Fifth Circuit panel dismissed Mr. Argueta-Hernandez' petition for review for lack of jurisdiction, 73 F.4th 300. On Dec. 5, 2023 the panel (Higginbotham, Graves, and Douglas)...
Here is a look back at what I posted to this blog on Dec. 5, 2006 .
Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023) - If a persecutor is targeting members of a certain family as a means of achieving some other ultimate goal unrelated to the protected ground, family...
Quebrado-Cantor v. Garland
"This appeal requires us to address, yet again, application of the “stop-time rule” in immigration proceedings. Nonpermanent residents subject to removal may apply to the Attorney General for cancellation of removal. To be eligible, a nonpermanent resident must have “been physically present in the United States for a continuous period of not less than 10 years.” 8 U.S.C. § 1229b(b)(1)(A). The question is what circumstances serve to stop the accrual of time. By statute, nonpermanent residents cease to accrue physical presence (1) once they are “served a notice to appear” or (2) if they commit certain crimes. Id. § 1229b(d)(1). Domingo Quebrado Cantor (“Quebrado”) alleges he was physically present in this country for twelve years when he sought to reopen his immigration proceedings to apply for cancellation of removal. The Board of Immigration Appeals (“BIA”) saw it differently and denied Quebrado’s request, reasoning that the stop-time rule was triggered when Quebrado received a final order of removal four years prior to his motion to reopen. By its terms, however, the stop-time rule applies to only the two circumstances set out in the statute, and a final order of removal satisfies neither. Because the BIA’s decision was contrary to the text of the statute, we grant the petition and remand to the BIA for further proceedings."
[Hats off to Luis Cortes Romero and Elaine Ruth Fordyce!]