Gonzalez-Garcia v. Holder

Gonzalez entered the U.S. with a temporary-visitor visa in 1999. Three months short of 10 years later, police arrested him in Mississippi for driving without a license. He was served with notice of removal proceedings. The notice to appear contained all of the requisite information, except the date and time of the initial hearing. Gonzalez entered the U.S. with a temporary-visitor visa in 1999. The immigration judge denied his request for “cancellation of removal,” a discretionary form of relief available to aliens who have been continuously physically present in the U.S. for at least 10 years, 8 U.S.C. 1229b(b)(1). The Board of Immigration Appeals has held that the 10-year clock stops running upon service of the notice to appear, even if it fails to tell the immigrant when the hearing will occur. The Sixth Circuit dismissed an appeal, stating that the BIA’s reasonable interpretation of the relevant statutes is entitled to Chevron deference and that it makes no difference that the government later amended the charge to account for the reality that Gonzalez entered the country legally but stayed longer than his visa allowed. View "Gonzalez-Garcia v. Holder" on Justia Law