Expert immigration litigator Margaret D. Stock recently won this victory in Immigration Court. Very few attorneys could have spotted, much less threaded, this retroactivity / stop-time rule needle. (ICE did not appeal.)
Abbas v. Garland (unpub.) "Mohamed Kamal Eldin Abbas (“Abbas”), a native and citizen of Egypt, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) denying his motions to reconsider and to reopen removal proceedings. ... We grant...
Matter of Chen, 28 I&N Dec. 676 (BIA 2023) (1) The “stop-time” rule under section 240A(d)(1) of the Immigration and Nationality Act, 8 U.S.C. 1229b(d)(1), is not triggered by the entry of a final removal order, but rather only by service of a statutorily...
Parada v. Garland "[T]he BIA’s decision to deny Parada’s motion to reopen was based on a legally erroneous interpretation of the statutes governing Notices to Appear and the stop-time rule. The Supreme Court has since reinforced the holding of Pereira and...
Estrada-Cardona v. Garland "The Attorney General may allow otherwise-removable aliens to remain in the country if, among other things, they have accrued 10 years of continuous physical presence in the United States. We call this form of discretionary relief...
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...
Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021) An applicant for special rule cancellation of removal under section 240A(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(2) (2018), based on spousal abuse must demonstrate both that the abuser...
Link to the June 8, 2020 Order List here . Link to the SCOTUSblog case page, with all the briefs to date, here .
Portillo Martinez v. Barr "[T]he BIA erred by relying on the government’s compliance with an impermissible method for triggering the stop-time rule to deny Mr. Portillo Martinez’s motion to reopen removal proceedings, thereby committing legal error and abusing...
Bañuelos-Galviz v. Barr "[W]hat if an incomplete notice to appear is followed by a notice of hearing that supplies the previously omitted information? We conclude that the stop-time rule is still not triggered. In our view, the stop-time rule is triggered...
Guadalupe v. Barr "In Pereira v. Sessions, the Supreme Court held that a Notice to Appear (NTA) that omits the time and date of appearance does not stop a noncitizen’s continuous residency period. The issue before us is whether Pereira abrogated our decision...
Matter of Mendoza-Hernandez and Capula-Cortes, 27 I&N Dec. 520 (BIA 2019) Board En Banc: NEAL, Chairman; MALPHRUS, WENDTLAND, MULLANE, GREER, MANN, O’CONNOR, LIEBOWITZ, and KELLY, Board Members. Dissenting Opinion: GUENDELSBERGER, joined by ADKINS-BLANCH...
Sup. Ct. No. 18-725 Issue : Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] ... inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1). Links to petition, opposition brief...
Nguyen v. Sessions - "Vu Minh Nguyen, a citizen of Vietnam, immigrated to the United States as a lawful permanent resident in the year 2000, when he was eighteen years old. Fifteen years later, he was placed in removal proceedings and charged with removability...
Orozco-Velasquez v. Atty. Gen., Mar. 11, 2016 - "We appointed pro bono amicus curiae counsel and directed amicus curiae and the parties to address in supplemental briefs whether (1) Camarillo is entitled to deference under Chevron, U.S.A., Inc. v. Natural...