United States Eighth Circuit

BIA acted within its discretion in deeming alien ineligible for cancellation of removal per 8 U.S.C. section 1229b(b)(1) on the ground that his previous, brief, voluntary departure from the US under threat of deportation constituted a break in continuous physical presence in the US. The 90/180 day limit contained in section 1229b(d)(2) is not the exclusive definition of a break in continuous physical presence.

Appellate Information

• Decided 01/15/2004
• Published 01/15/2004

Judges

• MURPHY, Circuit Judge., Before MURPHY, LAY, and BRIGHT, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the petitioner was Steven C. Thal of Minnetonka, Minnesota.


• For Appellees:
  
• Counsel who presented argument on behalf of the respondent was Ernesto H. Molina, Jr., of Washington, D.C. Also appearing on the brief were Robert D. McCallum, Jr. and Eric W. Marsteller.