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Immigration Law

CA9 on Admission, Voluntary Departure: Posos-Sanchez v. Garland

Posos-Sanchez v. Garland

"Noncitizens factually admitted to the United States at a U.S. port of entry while they hold temporary resident status under § 1255a(a) do not magically become unadmitted once their temporary resident status ends. ... That leaves the question of whether the agency correctly denied Posos’s application for voluntary departure because he had not been physically present in the United States for at least one year before DHS served him with the NTA in this case. See 8 U.S.C. § 1229c(b)(1)(A). Unlike the agency, we have the benefit of the Supreme Court’s decisions in Pereira and Niz-Chavez, and, given those rulings, we grant Posos’s petition on this front and return the case to the agency to reexamine his application for voluntary departure."

[Hats off to Michael J. Selph!]