Zermeno v. Lynch

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Petitioner, a native and citizen of Mexico, seeks review of the BIA's affirmance of the IJ's denial of petitioner's applications for adjustment of status and cancellation of removal. Petitioner asserts that he is eligible for adjustment of status because he falls into the exception to 8 U.S.C. 212(a)(9)(C)(i)(I). The court deferred to the BIA's interpretation of section 212(a)(9)(C)(i)(I). Though ten years have elapsed since petitioner's last departure from the United States, he failed to remain outside the United States for ten years before returning to the United States. Therefore, petitioner does not meet section 212(a)(9)(C)(ii)’s exception to inadmissibility. Likewise, petitioner has failed to establish that he was ineligible for cancellation of removal where he has failed to establish ten years' continuous physical presence in the relevant time period. The court denied the petition for review. View "Zermeno v. Lynch" on Justia Law