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Immigration Law

CA9 on Cancellation, Pre-Trial Detention: Troncoso-Oviedo v. Garland

Troncoso-Oviedo v. Garland

"The question before us is whether pretrial detention that is not credited toward a defendant’s sentence is confinement “as a result of conviction.” See 8 U.S.C. § 1101(f)(7). We hold that it is not. ... Pretrial detention not credited toward a sentence is not “confinement, as a result of conviction” under § 1101(f)(7). ... Troncoso-Oviedo’s petition is granted as to his eligibility for cancellation of removal because the uncredited pretrial detention was not “confinement, as a result of conviction” under § 1101(f)(7)."

[Hats off to Hillary G. Walsh!]