Heredia v. Sessions, No. 16-1465 (2d Cir. 2017)Annotate this Case
Petitioner challenged the BIA's dismissal of his appeal challenging the IJ's conclusion that he was a non-citizen convicted of drug offenses that made him inadmissible to the United States. Petitioner also challenged the denial of his motion to reopen the proceedings. The Second Circuit denied the consolidated petitions for review, holding that the BIA correctly concluded that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009-546, overruled the Fleuti doctrine. In this case, the BIA correctly concluded that petitioner was properly treated as seeking admission when he arrived in the United States in 2015. The court also held that the stop-time rule prevented petitioner from accruing seven years of continuous residency in the United States.