United States Ninth Circuit

In a petition for review of the Board of Immigration Appeals (BIA) decision affirming the Immigration Judge's (IJ) decision holding petitioner statutorily ineligible for cancellation of removal, the petition is denied where the inclusion in 8 U.S.C. section 1229b(b)(1)(A) of an express requirement that an alien's period of continuous physical presence be "immediately preceding" the application for cancellation of removal did not undermine the court of appeals' interpretation of section 1229b(a)(1), because that section, when read as a whole and in the context of the definition of "lawfully admitted for permanent residence," was sufficiently clear that such additional text would be superfluous.

Appellate Information

• Argued 05/03/2010
• Decided 07/09/2010
• Published 07/09/2010

Judges

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John Richard Smith, Monica G. Antoun