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When does a Crime not bar Cancellation of Removal?

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By Danielle L.C. Beach

Recently the Board of Immigration Appeals determined that a single conviction for a crime involving moral turpitude that qualified as a petty offense did not “stop-time” under INA 240A (d)(i) although it did make the alien removable under INA 237(a)(2)(A)(i). 

This is very significant as the applicant could apply for Cancellation of Removal which he would not have been able to do otherwise despite his admission/entry since March 1999 of living in this country.  Since his conviction had occurred in 2001 he could never have applied for relief as his charging document had been issued in October 2006 thus cutting off his ten years.   

The Board of Appeals in Matter of Garcia determined that since petty offense crimes are not referred to in 212 (a)(2)  he could at least apply for this relief.

Filed under: Immigration Issues

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