United States First Circuit

In a case in which a native and citizen of Hong Kong was denied cancellation of removal on the ground that he lacked ten years' continuous physical presence in the United States, a petition for review is denied, where a notice to appear (NTA) was effective to stop accrual of time, despite the fact that the charge alleged, fraud, was subsequently withdrawn and a new charge, overstaying, was added with the filing of Form I-261 approximately six months later, since the NTA itself was never withdrawn.

Appellate Information

• Decided 05/02/2012
• Published 05/02/2012

Judges

• Thompson

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John Chang, Kristin A. Moresi