Fuad Fares Fuad Said v. U.S. Attorney General, No. 21-12917 (11th Cir. 2022)Annotate this Case
The Eleventh Circuit granted a petition for review of the BIA's order affirming the IJ's denial of petitioner's application for cancellation of removal. The court agreed with petitioner that he satisfied his burden of demonstrating his eligibility for cancellation of removal for certain lawful permanent residents because his violation of Fla. Stat. 893.13(6)(a) did not relate to a controlled substance, as defined in 21 U.S.C. 802, and thus did not prevent him from accruing the necessary seven-year period of continuous residence.
The court explained that, because a violation of section 893.13(6)(a) did not relate to a controlled substance as defined under federal law, petitioner's conviction under this statute in 2017 did not affect his ability to accrue the required seven years of continuous eligibility necessary for cancellation of removal. Rather, petitioner's residence "clock" stopped in 2019 when he was arrested for fleeing and eluding while lights and sirens were activated. The court explained that, at this point in time, petitioner had lived in the United States continuously for eight years, thereby meeting the residency requirement under INA 240A.