United States Third Circuit

Petition for review of an order finding petitioner removable and denying her application for suspension of deportation is denied where: 1) petitioner's continuous physical presence clock did not begin anew based on an administrative closure; 2) contrary to claims of inequitable application of the stop-time rule to her case, allowing petitioner's application for suspension of deportation would essentially permit her to avail herself from her failure to attend a deportation proceeding, frustrating Congress's purpose in enacting the stop-time rule; 3) petitioner's purported continuous period physical presence did not satisfy the requisite statutory period "immediately proceeding" her application for suspension of deportation; and 4) retroactive application of the stop-time rule to petitioner did not violate her due process rights.

Appellate Information

• Decided 05/28/2008
• Published 05/28/2008

Judges

• Before McKEE and GARTH, Circuit Judges, and RODRIGUEZ, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Marcia S. Kasdan, Esq., Law Office of Marcia Kasdan, Hackensack, NJ, Attorney for Petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Richard M. Evans, Assistant Director, Andrew Oliveira, Trial Attorney (On Brief), Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, D.C., Attorneys for Respondent.