10-2122 Reyes-Sanchez v. Holder

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Immigration
Continuous presence

An alien’s continuous physical presence in the United States was interrupted when she chose to return to Mexico in a formal, documented process while facing threat of removal.

“Reyes-Sanchez was taken into custody; she was fingerprinted; and forms were filled out documenting her apprehension. Reyes-Sanchez was given a Form I-826 that explained she had ‘been arrested because immigration officers believe that you are illegally in the United States.’ The one-page form explained that she could request a hearing ‘to determine whether you may remain in the United States.’ The form further informed Reyes-Sanchez of her ‘right to contact an attorney or other legal representative to represent you at your hearing, or to answer any questions regarding your legal rights in the United States,’ and offered a list of legal organizations that could represent her ‘for free or for a small fee.’ The form also gave Reyes- Sanchez the three options previously discussed—a request for a hearing on removability, a request for an asylum hearing, or an admission that she was in the United States illegally and wished to return home. There can be little question that had Reyes-Sanchez read this form, she would have understood her options and understood that they carried lasting legal consequence. Indeed, the fact that Reyes-Sanchez used a fictitious name to sign the Form I-826 suggests she understood the form did indeed carry legal consequences.”

Affirmed.

10-2122 Reyes-Sanchez v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Pallmeyer, J.

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