United States Ninth Circuit

The BIA erred by requiring the plaintiff to show documentary evidence to prove the time element of his residency necessary to qualify for discretionary cancellation of removal, because the ten year requirement could be properly proven with credible direct testimony, or written declarations.

Appellate Information

• Argued 04/14/2004
• Decided 06/15/2004
• Published 06/15/2004

Judges

• Before REINHARDT, McKEOWN, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Deborah L. Smith and Michael K. Ungar, Simmons & Ungar, San Francisco, California, and Dorothea K. Langsam, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant United States Attorney, Richard M. Evans, Assistant Director, and Patricia L. Buchanan, Trial Attorney, Washington, D.C., for the respondent.