United States Tenth Circuit

With the passage of the stop-time rule, Congress intended to prevent aliens from continuing to accumulate time toward the continuous residency requirement after the INS has issued an order to show cause to an alien, thus, as a matter of law, plaintiffs who remained in the US for 13 years while their various appeals were pending are ineligible to apply for suspension of deportation proceedings because they failed to accumulate the requisite seven years of continuous residence.

Appellate Information

• Decided 03/14/2002
• Published 03/14/2002

Judges

• McKAY, Circuit Judge., Before SEYMOUR, McKAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• L. Ari Weitzhandler, Denver, CO, for Petitioners.


• For Appellees:
  
• John J. Andre, Attorney;  Stuart E. Schiffer, Acting Assistant Attorney General;  Mark C. Walters, Assistant Director;  Kristen A. Giuffreda, Senior Litigation Counsel;  Paul D. Kovac, and Loreto S. Geisse, Attorneys, on the briefs, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for Respondent.