United States Ninth Circuit

A petition for review from an order of removal is granted where: 1) although the government introduced sufficient evidence to carry its burden of proof that petitioner was removable; 2) based on INS v. St. Cyr, 533 U.S. 289 (2001), the permanent stop-time rule of section 240A(d)(1) of the INA may not be applied retroactively to prevent petitioner from fulfilling the seven-year continuous residence requirement of INA section 240A(a)(2), for cancellation of removal; and 3) petitioner does not need a waiver of deportation under INA section 212(c) in order to be eligible for cancellation of removal.

Appellate Information

• Argued 12/09/2005
• Decided 11/22/2006
• Published 11/22/2006

Judges

• WILLIAM A. FLETCHER, Circuit Judge., Before ALEX KOZINSKI and WILLIAM A. FLETCHER, Circuit Judges, and H. RUSSEL HOLLAND, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kelly A. Evans, Jeffrey F. Barr, Snell & Wilmer, Las Vegas, NV, Joaquin Sinotes-Cruz, Pro Se, Tucson, AZ, Lynn Marcus, University of Arizona, Tucson, AZ, for the petitioner.


• For Appellees:
  
• David V. Bernal, Andrew C. MacLachlan, U.S. Department of Justice, Washington, D.C., for the respondent.