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United States Second Circuit


Rosario-Mijangos v. Holder, 11-1607

Petition for review of decision by the Board of Immigration Appeals, denying petitioner's application for cancellation of removal, is denied, where: 1) the immigration judge reasonably found that during each of petitioner's well-documented encounters, petitioner knowingly and voluntarily conceded his removability, waived his right to appear before an immigration judge, and chose to leave the United States in lieu of more formal proceedings; 2) petitioner's return to Mexico under those circumstances severed his continuous physical presence in the United States, rendering him ineligible for cancellation of removal; and 3) petitioner's appeal of his motion to reopen proceedings is denied.

Appellate Information

  • Decided 05/16/2013
  • Published 05/16/2013

Judges

  • LYNCH

Court

  • United States Second Circuit

Counsel

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