Casarez

Casarez v. Holder

Good Law
425 F. App'x 603
United States Court of Appeals for the Ninth CircuitMarch 31, 201106-72154California468 words

Opinion

Opinion

MEMORANDUM

Adela Casarez, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of application for cancellation of removal. The IJ concluded that Casa-rez’s conviction for felony welfare fraud constituted a crime involving moral turpitude that halted accrual of time under the stop-time rule for purposes of the continuous physical presence required for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 (a) and deny the petition for review.

Section 240A(a) of the INA, 8 U.S.C. § 1229b(a) (2004), authorizes the Attorney General or his delegate to cancel removal of an alien who is inadmissible or removable if the alien: 1) has been an alien lawfully admitted for permanent residence for not less than five years; 2) has resided in the United States continuously for seven years after having been admitted in any status; and 3) has not been convicted of an aggravated felony, as defined by 8 U.S.C. § 1101 (a)(43). Commission of certain crimes interrupt the accrual of continuous residence necessary to establish eligibility for cancellation of removal for permanent…

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