Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

Petitioner, a Mexican citizen, petitioned for review of the Board of Immigration Appeal's ("BIA")order of removal where he was convicted of illegally transporting aliens. At issue was whether petitioner's decision to take administrative voluntary departure in lieu of deportation, subsequent to his prior conviction in 1982 for illegal entry into the United States, was under threat of deportation and whether voluntary departure under threat of deportation established a break in continuous residence. The court held that it had no jurisdiction to review petitioner's voluntary departure which required a factual determination and that petitioner's voluntary departure in lieu of deportation interrupted his alleged continuous residence. The court also held that there was therefore no compelling indication that the BIA incorrectly concluded that petitioner was ineligible for lawful permanent resident ("LPR") status based on his 1982 voluntary departure and thus he was ineligible for LPR cancellation of removal.