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5th Circuit addresses good moral character requirement for non-LPR cancellation

The U.S. Court of Appeals for the Fifth Circuit recently clarified two related requirements for obtaining Cancellation of Removal for non-Lawful Permanent Residents. Rodriguez-Avalos v. Holder, No. 13-60736, slip op. (5th Cir. March 4, 2015). Specifically, the court concluded that the good moral character requirement doesn’t involve an analysis of moral turpitude and that the applicant must have established GMC during the ten years immediately preceding the immigration judge or Board of Immigration Appeals’ decision. This case involved a migrant who entered without inspection and was later [...]

Posted by César on March 19, 2015 on 4:00 am Leave a Comment
Filed Under: 5th Circuit Court of Appeals, cancellation of removal, crime involving moral turpitude, good moral character

10 Cir: Sentence reduction doesn’t alter period actually confined for good moral character determination

The U.S. Court of Appeals for the Tenth Circuit held that the period of confinement actually served governs a determination of whether a migrant lacks good moral character even if a criminal court reduces the sentence to a period less than the time actually spent behind bars. Garcia-Mendoza v. Holder, No. 13-9531, slip op. (10th Cir. June 2, 2014). Judge Briscoe wrote the panel’s opinion. This case involved a man who overstayed a visa and, years later, was convicted of driving under the influence and leaving the scene of an accident. He spent 104 days in jail prior to his conviction, all of [...]

Posted by César on August 21, 2014 on 4:00 am Leave a Comment
Filed Under: 10th Circuit Court of Appeals, cancellation of removal, good moral character, imprisonment

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