Rubio v. Lynch

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Petitioner, a native and citizen of Mexico, petitioned for review of the BIA's decision holding that he was ineligible for cancellation of removal because he was not "admitted in any status" at least seven years prior to his commission of a state offense as required by 8 U.S.C. 1229b(a)(2). The court concluded that a plain reading of section 1229b(a)(2) makes clear that it is satisfied so long as an alien has resided in the United States continuously for seven years after being admitted, as defined at section 1101(a)(13)(A), regardless of the precise legal state or condition of the alien at the time of admission. The court further concluded that, contrary to the Board’s conclusion, petitioner’s alleged wave-through admission meets this requirement, such that he is eligible for cancellation of removal relief under section 1229b(a). Given his admission, it matters not whether his status under the immigration law at that time was lawful or unlawful or that of an immigrant or nonimmigrant. Accordingly, the court granted the petition, vacating the Board's decision and remanding for further proceedings. View "Rubio v. Lynch" on Justia Law