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Immigration Law

Unpub. CA10 Stop-Time Victory: Portillo Martinez v. Barr

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 its discretion. And because Mr. Portillo Martinez is no longer prohibited from receiving cancellation of removal for failing to voluntarily depart, the BIA’s order cannot be sustained on that ground."

[Hats off to Christine M. Hernandez!]