Rosa Galindo De Rodriguez v. Eric H. Holder Jr.

Rosa Delicia Galindo de Rodriguez (“Galindo”) petitions for review of two final orders of the Board of Immigration Appeals (“BIA”), the first finding her ineligible for cancellation of removal and the second denying her motion to reopen. In her first petition, Galindo contends that the BIA erred in finding that she had not “resided in the United States continuously for 7 years after having been admitted in any status” — a requirement for certain legal permanent residents (“LPRs”) to be eligible for cancellation of removal. See Immigration and Nationality Act (“INA”) § 240A(a)(2), 8 U.S.C. § 1229b(a)(2). The BIA found that her thirteen-day trip to Mexico, pursuant to an authorization of advance parole, severed the continuity of her United States residence. That conclusion cannot be squared with the plain text of the statute, which defines a person’s residence as her “principal, actual dwelling place.” See INA § 101(a)(33), 8 U.S.C. § 1101 (a)(33).

Before this Court, the government also argues that she was required to maintain a lawful admitted status throughout her seven years of residence. But the provision at issue only requires seven years of continuous residence; it…