Guaman-Yuqui v. Lynch, No. 14-200 (2d Cir. 2015)
Annotate this CasePetitioner, a native and citizen of Ecuador, petitioned for review of the BIA's order determining that his receipt of a notice to appear failed to specify the date of his initial hearing sufficed to trigger the stop-time rule under 8 U.S.C. 1229b(d)(1). The court denied the petition for review because the BIA’s determination that a notice to appear need not include the date and time of the initial hearing to trigger the stop‐time rule is a permissible construction of the Immigration and Nationality Act entitled to Chevron deference from the court. In this case, DHS served petitioner with a notice to appear less than ten years after he entered the United States, that notice triggered the stop‐time rule on his period of continuance residence so as to preclude him from establishing his eligibility for cancellation of removal.
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