Immigration — cancellation of removal

By: WISCONSIN LAW JOURNAL STAFF//September 15, 2014//

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U.S. Court of Appeals for the 7th Circuit

Civil

Immigration — cancellation of removal

Where an alien was present for seven years before IIRIRA, he is entitled to seek cancellation of removal.

“Applying § 1229b(d)(1)(B) in this case would impose a new disability on pre-IIRIRA conduct without a clear statement from Congress indicating its intent to impose that disability. We therefore hold that Jeudy’s 1995 drug conviction did not ‘stop time’ for his continuous residence in the United States. His period of continuous residence for purposes of discretionary relief began with his admission as a lawful permanent resident in 1989, and he accrued the required seven years in 1996, before IIRIRA’s stop-time rule took effect. He is eligible to request cancellation of removal under § 1229b(a).”

Petition Granted.

13-3174 Jeudy v. Holder

On Petition for Review of a Final Order of the Board of Immigration Appeals, Hamilton, J.

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