Jose Hernandez v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE ALBERTO HERNANDEZ, No. 21-70493 Petitioner, Agency No. v. A094-447-896

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted December 9, 2021 Pasadena, California

Filed June 28, 2022

Before: Paul J. Kelly, Jr., * Milan D. Smith, Jr., and Danielle J. Forrest, Circuit Judges.

Opinion by Judge Forrest

* The Honorable Paul J. Kelly, Jr., United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. SUMMARY **

Immigration

Denying Jose Alberto Hernandez’s petition for review of a decision of the Board of Immigration Appeals, the panel held that: (1) Hernandez’s receipt of temporary protected status (“TPS”) was not an admission, and he therefore could not meet the statutory requirement that he have seven years of continuous residence in the United States after admission for purposes of lawful permanent resident cancellation of removal; and 2)…