United States Fourth Circuit

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Tiscareno-Garcia v. Holder, 13-2459

Petition for review of a decision of the Board of Immigration Appeals (BIA) ordering removal of petitioner on grounds that, pursuant to 8 U.S.C. section 1229b(b)(1)(B) and section 1101(f)(7), petitioner cannot establish the good moral character required to apply for cancellation of removal as a result of his serving 181 days in jail for an illegal-entry conviction (section 1325(a)), is denied in part and dismissed in part, where: 1) petitioner is precluded from establishing his "good moral character" under section 1101(f)(7) for his violation of section 1325(a), and under section 1101(f)(7), the length of time that a person spends in jail, rather than the nature of the offense, establishes conclusively a lack of good moral character; and 2) there are plausible reasons for Congress to have concluded that persons who have been convicted of crimes serious enough to warrant at least 180 days or longer in jail lack the good moral character required for discretionary relief from removal, and plausibility is all that is required to reject the absurdity argument.

Appellate Information

  • Decided 03/03/2015
  • Published 03/03/2015


  • Traxler


  • United States Fourth Circuit


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