In re Garcia

1 Analyses of this admin-law by attorneys

  1. Cancellation of Removal for Non-LPRs (Cancelation-B)

    Alexander J. SegalOctober 1, 2015

    The applicant must establish seven years “continuous physical presence”, the standard requirement in suspension of deportation cases. In Matter of Garcia, 24 I&N Dec. 179 (BIA 2007), the Board addressed the issue of how “continuous physical presence” is to be calculated.As indicated earlier, individuals with criminal convictions which are not aggravated felonies may still apply for either NACARA suspension or Special Rule Cancellation of Removal, provided that they can demonstrate extremely unusual and exceptional hardship either to themselves or to a USC or LPR spouse, parent or child and 10 years of GMC running from the date the offense was committed. In addition to the “aggravated felony” bar, those seeking Special Rule Cancellation of Removal must not be inadmissible or deportable on security related grounds [INA § 212(a)(3) and INA § 237(a)(4)], and, for those seeking 10 year Special Rule Cancellation, the applicant must not have participated, directly or indirectly, in an act of persecution.