BIA Clarifies 10-Year Presence For Cancellation Of Removal

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Law360, New York (December 2, 2015, 4:19 PM ET) — The Board of Immigration Appeals ruled Wednesday that the 10 years of continuous physical presence required for aliens seeking special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act should be measured from the alien’s most recently incurred ground of removal.

A three-judge panel looked to the BIA’s 1969 decision in Matter of Wong, in which it addressed a split in the circuit courts over how to measure physical presence for suspension of deportation in cases involving more than one deportation ground….

Source: Law360