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In re Avilez-Nava

3 Analyses of this admin-law by attorneys

  1. New BIA Decision on Continuous Physical Presence and Cancellation (2): Matter of Garcia-Ramirez

    Alexander J. SegalNovember 17, 2015

    This steadfast dedication has resulted in thousands of immigrants throughout the United States.____________________INA § 240A(b)(1)(A)Matter of Garcia-Ramirez, 26 I&N Dec. 674 (BIA 2015)Matter of Castrejon-Colino, 26 I&N Dec. 667 (BIA 2015)Matter of Avilez, 23 I&N Dec. 799 (BIA 2005)Citing Matter of Castrejoin-ColinoLawyer website: http://myattorneyusa.com

  2. New BIA Decision on Continuous Physical Presence and Cancellation (1): Matter of Castrejo-Colino

    Alexander J. SegalNovember 16, 2015

    This steadfast dedication has resulted in thousands of immigrants throughout the United States._____________________Matter of Castrejon-Colino, 26 I&N Dec. 667 (BIA 2015)Matter of Garcia-Ramirez, 26 I&N Dec. 674 (BIA 2015)Matter of Avilez, 23 I&N Dec. 799 (BIA 2005)Matter of Romalez, 23 I&N Dec. 423 (BIA 2002);Citing e.g. Reyes-Sanchez v. Holder, 646 F.3d 493, 498 (7th Cir. 2011)Valadez-Munoz v. Holder, 623 F.3d 1304, 1311 (9th Cir. 2010), citing Tapia v. Gonzales, 430 F.3d 997, 1003 (9th Cir. 2005)Citing Rosario-Mijangos v. Holder, 717 F.3d 269, 279-80 (2d Cir. 2013)Lawyer website: http://myattorneyusa.com

  3. Illegal Entry Convictions Interrupt Continuous Physical Presence

    University of Denver Sturm College of LawApril 21, 2015

    However, in a prior case the BIA concluded that the requirements listed under § 240A(d)(2) are not exclusive of all situations in which a continuous physical presence could be interrupted. Specifically, in Matter of Avilez, 23 I&N Dec. 799, 805-06 (BIA 2005), the Board held that a migrant’s continuous physical presence was interrupted when the alien was determined to be inadmissible to the United States following any formal, documented process.Additionally, both the United States Courts of Appeals for the Second and Ninth Circuits have addressed situations in which a migrant’s continuous physical presence can be interrupted.