Please ensure Javascript is enabled for purposes of website accessibility

Immigration — Cancellation of removal — good moral character

By: WISCONSIN LAW JOURNAL STAFF//October 15, 2012//

Immigration — Cancellation of removal — good moral character

By: WISCONSIN LAW JOURNAL STAFF//October 15, 2012//

Listen to this article

Immigration — Cancellation of removal — good moral character

Where an alien spent 300 days in jail after receiving a notice to appear, he is ineligible for cancellation of removal.

“In light of the possible ambiguity the stop-time provision adds to the removal statute, we find that the Board’s decision is reasonable, and so must defer to it.

Reading the statute in the manner Duron-Ortiz urges would result in precisely the untenable situation the Board sought to avoid—namely, an applicant could commit a crime or otherwise engage in disqualifying activity after being served with an NTA, yet remain eligible for cancellation of removal. Such a result would flaut the purpose of the INA. As the government correctly argues, allowing the good moral character requirement to continue until a final decision is reached by the IJ or the Board comports with one of the most essential considerations in deciding who is allowed to remain in the United States—an individual’s character. It is only logical that the agency consider an applicant’s most recent negative behavior when making such a decision, as the more recent an individual’s behavior is, the more accurately it reflects his or her character.”

Petition Denied.

11-3851 Duron-Ortiz v. Holder

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

Full Text

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests