Jose De Jesus Tapia v. Alberto R. Gonzales, Attorney General

Jose de Jesus Tapia petitions for review of a decision by the Board of Immigration Appeals (“BIA”) affirming without opinion the decision by an immigration judge (“IJ”) denying his petition for cancellation of removal. To be eligible for cancellation of removal, a form of relief which permits an alien otherwise subject to being expelled from the United States to remain in this country, the alien must prove, among other things, that he or she has been physically present in the United States for a continuous period of at least ten years. A short departure from the United States, such as a brief return to the alien’s native country for family reasons, does not necessarily interrupt the accrual of an alien’s period of physical presence in the United States, pursuant to an exception for brief absences provided in 8 U.S.C. § 1229b(d)(2). An alien who has briefly departed the United States for such a reason can still satisfy the ten-year presence prerequisite to qualify for cancellation of removal by including the time spent here before the brief absence.

Some absences do interrupt an alien’s continuous physical presence, no matter how brief. In Vasquez-Lopez v. Ashcroft, 343 F.3d 961,…