CASTREJON-COLINO
Citations
- 26 I. & N. Dec. 667
Syllabus
(1) Where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the alien's continuous physical presence for purposes of cancellation of removal under section 240A(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(A) (2012), in the absence of evidence that he or she was informed of and waived the right to such a hearing. Matter of Avilez, 23 I&N Dec. 799 (BIA 2005), clarified. (2) Evidence that an alien who had the right to a hearing before an Immigration Judge was fingerprinted and/or photographed before being allowed to voluntarily depart is not enough, in itself, to demonstrate a waiver of the right to a hearing or to show a process of sufficient formality to break continuous physical presence.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Form I-826 is an 2 17-70077 example of evidence of the formality of the voluntary return process
Source: CourtListener parenthetical corpus (CC0).
Cited by
3 cases in this archive cite this case.
Cites
16 cases in this archive are cited by this case.
- Delfino Vasquez-Lopez v. John Ashcroft, Attorney GeneralNinth Circuit· 2003-09-11· cited 139×
- Jose De Jesus Tapia v. Alberto R. Gonzales, Attorney GeneralNinth Circuit· 2005-12-06· cited 136×
- Mireles-Valdez v. AshcroftFifth Circuit· 2003-10-27· cited 122×
- Gilberto Mauel Mendez-Reyes v. Attorney General of the United StatesThird Circuit· 2005-11-01· cited 78×
- ROMALEZBoard of Immigration Appeals· 2002-07-01· cited 56×
- Valadez-Munoz v. HolderNinth Circuit· 2010-10-28· cited 54×
- Celia Morales-Morales v. John Ashcroft, Attorney General of the United StatesSeventh Circuit· 2004-09-15· cited 49×
- Antonio Reyes-Vasquez v. John Ashcroft, Attorney General of the United States of AmericaEighth Circuit· 2005-01-25· cited 37×
- AVILEZBoard of Immigration Appeals· 2005-07-01· cited 30×
- Barrera-Quintero v. Holder, Jr.Tenth Circuit· 2012-11-15· cited 28×
- Vasquez v. HolderFirst Circuit· 2011-02-16· cited 26×
- Feliciano Flores Palomino v. John Ashcroft, Attorney General of the United States, American Immigration Law Foundation, Amicus on Behalf OfEighth Circuit· 2004-01-15· cited 25×
- Ascencio-Rodriguez v. HolderSecond Circuit· 2010-02-17· cited 20×
- Baltazar Garcia v. Eric Holder, Jr.Fourth Circuit· 2013-10-16· cited 8×
- Reyes-Sanchez v. HolderSeventh Circuit· 2011-07-14· cited 6×
- Rosario-Mijangos v. HolderSecond Circuit· 2013-05-16· cited 3×
Sourced from CourtListener / Free Law Project (CC0).
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