Immigrant Can Seek Cancellation of Removal Despite Final Order

Nov. 3, 2021, 7:48 PM UTC

A Mexican immigrant may seek to have his removal from the U.S. canceled, even though the Board of Immigration Appeals already issued a final removal order, the Ninth Circuit said Wednesday.

Under the applicable statute, an immigrant who’s been the U.S continuously for 10 years can apply for cancellation of removal, but the time stops if they’re served a notice to appear or commit a certain crime.

Domingo Quebrado Cantor entered the U.S. illegally in 2006. In 2011, he was served with a defective notice to appear, which the government attempted to cure with a different notice.

Quebrado eventually conceded ...

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