Rendon v. U.S. Attorney General, No. 19-10197 (11th Cir. 2020)
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Approximately 25 years after his guilty plea to resisting a police officer with violence, an IJ found petitioner removable and ruled he was no longer eligible for cancellation of removal on account of the stop-time rule.
The Eleventh Circuit held that it was error to retroactively apply the stop-time rule to petitioner's pre-Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) conviction. The court found no clear congressional statement that the stop-time rule should be applied retroactively to pre-IIRIRA plea agreements like petitioner's and held that in the circumstances presented here—specifically, where petitioner's pre-IIRIRA plea agreement did not render him immediately deportable—applying the stop-time rule to his 1995 conviction would have an impermissibly retroactive effect. Therefore, the court reversed the BIA's decision and remanded for further proceedings.
The court issued a subsequent related opinion or order on August 16, 2020.
The court issued a subsequent related opinion or order on August 26, 2020.
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