United States Ninth Circuit

Being turned away at the border by immigration officials does not have the same effect as an administrative voluntary departure and does not itself interrupt the accrual of an alien's continuous physical presence for purposes of cancellation of removal.

Appellate Information

• Argued 05/04/2005
• Decided 12/06/2005
• Published 12/06/2005

Judges

• CLIFTON, Circuit Judge:, Before: GOODWIN and CLIFTON, Circuit Judges, and RHOADES, SR., District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Phillip Smith (argued) and Raquel E. Hecht, Hecht & Smith, LLP, Eugene, OR, for the petitioner.


• For Appellees:
  
• William C. Erb (argued) and Theresa M. Healy, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.