United States Second Circuit

On petition for review of a BIA decision affirming an immigration judge's denial of the petitioner's application for cancellation of removal, the petition is denied because the petitioner did not have ten years' continuous presence, where: 1) service of a notice to appear not specifying the time and date of the hearing, followed by a notice to appear setting the time and date, satisfied the notice requirements of INA section 239(a)(1); and 2) such service triggered the stop-time rule of INA section 240A(d)(1) as of the date of the second notice, notwithstanding any imperfections in the service of a subsequent notice of hearing necessitated by a change in venue.

Appellate Information

• Decided 02/24/2012
• Published 02/24/2012

Judges

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sharyn F. Bertisch, David H. Wetmore