Guamanrrigra v. Holder, No. 10-4191 (2d Cir. 2012)Annotate this Case
Petitioner, a native and citizen of Ecuador, sought review of the BIA's decision affirming the IJ's denial of his application for cancellation of removal and ordering him removed. At issue was whether the notice requirements of Immigration and Nationality Act (INA) 239(a)(1), 8 U.S.C. 1229(a)(1), were satisfied by service of a Notice to Appear that indicated that the date and time of a hearing would be set in the future, followed by service of a separate notice specifying the precise date and time of the hearing. Also at issue was whether the stop-time rule of INA 240A(d)(1) was triggered by proper notice under section 239(a)(1) even if the notice requirements of section 239(a)(2) were not satisfied. The court held that service of Notice of Appear followed by service of a separate notice indicating the precise date and time of the hearing satisfied the notice requirements of section 239(a)(1). The court also held that, once a petitioner had been served with notice complying with INA 239(a)(1), the stop-time rule of section 240A(d)(1) was triggered, regardless of whether subsequent notices regarding changes in time or place of proceeding complied with section 239(a)(2). Because petitioner could not demonstrate that he was physically present in the United States for a continuous period of ten years immediately prior to his application for relief, he was ineligible for relief in the form of cancellation of removal and adjustment of status under section 240A(b)(1) and therefore, the petition was denied.