Joaquin Sinotes-Cruz v. Alberto R. Gonzales, Attorney General

Petitioner Jose Joaquin Sinotes-Cruz petitions for review from an order of removal. We hold that the government has introduced sufficient evidence to carry its burden of proof that Sinotes-Cruz is removable. We also hold, based on INS v. St. Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001), that the permanent stop-time rule of § 240A(d)(l) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1229b(d)(l), may not be applied retroactively to prevent Sinotes-Cruz from fulfilling the sevenyear continuous residence requirement of INA § 240A(a)(2), 8 U.S.C. § 1229b(a)(2), for cancellation of removal. Finally, we hold that Sinotes-Cruz does not need a waiver of deportation under INA § 212(c), 8 U.S.C. § 1182 (c) (repealed 1996), in order to be eligible for cancellation of removal. Thus we do not reach the question whether Sinotes-Cruz may simultaneously apply for waiver of deportation under § 212(c) and for cancellation of removal under § 1229b(a).

We therefore grant Sinotes-Cruz’s petition and remand for further proceedings consistent with this opinion.

I. Background

Sinotes-Cruz petitions for review of the Board of Immigration Appeals’ (“BIA”) order requiring that…