Cheung v. Holder, No. 11-1889 (1st Cir. 2012)Annotate this Case
Petitioner, a citizen of Hong Kong, came to the U.S. in 1999 and overstayed his visa. In 2010, an immigration judge ordered him removed after determining that he was ineligible for cancellation of removal because he had not maintained 10 years of continuous physical presence as required by section 240A(b)(1)(A)-(D) of the Immigration and Nationality Act . He was five days short. The BIA affirmed. The First Circuit denied his appeal, rejecting an argument that the notice to appear was defective and "stopped time" for purposes of the 10-year calculation.