Soong Yoon v. Eric Holder, Jr.

MEMORANDUM

Soong Joon Yoon petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal and denying his motion to remand. The BIA determined that Yoon failed to establish the requisite period of lawful continuous residency for purposes of a cancellation of removal and § 212(h) waiver under the Immigration and Nationality Act (INA). We deny the petition.

“We review de novo the BIA’s determination of questions of law, except to the extent that deference is owed to its interpretation of the governing statutes and regulations.” Garcia v. Holder, 659 F.3d 1261, 1265-66 (9th Cir.2011) (internal quotations and citation omitted). To qualify for a cancellation under the INA, Yoon must show he “has resided in the United States continuously for 7 years after having been admitted in any status.... ” 8 U.S.C. § 1229b(a)(2) (emphasis added). Further, Yoon must seek a waiver of inadmissibility under INA § 212(h) to be eligible for a status readjustment because he is deemed inadmissible for having committed a crime of moral turpitude. Id, at § 1182(a)(2)(A)(i). Section 212(h) requires that Yoon “reside[] continuously in the United States for a period of not…