United States Second Circuit

In a petition for review of the BIA's order denying petitioner's application for cancellation of removal but granting his request for voluntary departure, the petition is denied where, for the purposes of cancellation of removal eligibility under 8 U.S.C. section 1229b(b)(1)(A), petitioner's arrest and conviction for illegal entry into the U.S. and his subsequent departure to Mexico interrupted his period of "continuous physical presence" in the U.S.

Appellate Information

• Argued 05/08/2009
• Decided 02/17/2010
• Published 02/17/2010

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before WALKER,CABRANES, and WALLACE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert C. Ross, West Haven, CT, for Petitioner Jesus Ascencio-Rodriguez.


• For Appellees:
  
• Christina Bechak Parascandola, Trial Attorney, Office of Immigration Litigation (Gregory G. Katsas, Assistant Attorney General, Civil Division, and Richard M. Evans, Assistant Director, Office of Immigration Litigation, on the brief), United States Department of Justice, Washington, DC, for Respondent.