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Final Removal Order Doesn’t Trigger Immigration Stop-Time Rule

Aug. 17, 2022, 9:01 PM

An immigrant from Mexico who sought cancellation of removal continued to accrue time toward the continuous physical presence requirement even after a final removal order, according to a Tenth Circuit ruling Wednesday.

An immigrant may seek cancellation of removal after ten continuous years of presence in the US. Under the stop-time rule, continuous physical presence ends either when an alien is served with a notice to appear or when they have committed certain criminal offenses. “Nothing more, nothing less,” the court said.

The stop-time rule was enacted to supersede the final-order rule, which ended continuous physical presence when an immigration ...