Jorge Moscoso-Castellanos v. Loretta E. Lynch

Petitioner Jorge Mario Moscoso-Castel-lanos, a native and citizen of Guatemala, petitions for review of an adverse decision of the Board of Immigration Appeals (“BIA”). In this published opinion, we consider only his argument 'that the notice to appear in removal proceedings (“NTA”) did not stop his accrual of continuous physical presence because it did not include the time and date of his removal hearing. We address his other arguments in an unpublished memorandum disposition filed concurrently with this opinion. We deny the petition in part and, for reasons explained in the memorandum disposition, dismiss in part.

An applicant for cancellation of removal must prove that he or she has been physically present in the United States for 10 years. 8 U.S.C. § 1229b(b)(1)(A). The relevant 10-year period generally ends on the date of the application for cancellation of removal. Id. But service of an NTA cuts off the accrual of continuous presence, under a provision known as the “stop-time” rule. Id. § 1229b(d)(1).

Petitioner entered the United States in approximately April 1997. He was served with an NTA on April 7, 2005. That NTA provided that the removal hearing would be…