Salvador Perez-Guzman v. Eric Holder, Jr.

MEMORANDUM

Salvador Perez-Guzman (“Perez-Guzman”) petitions for review of the final order of removal entered against him by the Board of Immigration Appeals (“BIA”). The BIA held that Perez-Guzman is statutorily ineligible for cancellation of removal because he cannot establish that he has resided in the United States continuously for 7 years after having been admitted to the United States. See 8 U.S.C. § 1229b(a)(2). This is because his prior controlled substance conviction triggered the “stop-time” rule. Id. § 1229b(d)(l)(B). The “stop-time” rule provides that an alien’s commission of certain offenses, which include controlled substance offenses, stops the clock on an alien’s continuous residence. Id.

Perez-Guzman contends that the BIA erred by ruling that his prior conviction for being under the influence of methamphetamine rendered him statutorily ineligible for cancellation of removal under the “stop-time” rule because his prior conviction is not an aggravated felony. This argument is predicated on the faulty premise that the BIA found that he was ineligible for cancellation of removal because it found that his prior conviction was an aggravated felony. Instead, the BIA…