Demandstein v. Atty Gen. of the United States, No. 10-1230 (3d Cir. 2011)Annotate this Case
Petitioner, a citizen of Israel, twice overstayed visitors' visas, then sought an adjustment of status based on an employer's approved petition for an alien worker. The application was denied because he refused to submit an affidavit detailing past attempts to enter and because he had been arrested attempting to smuggle another alien into this country. He was deemed inadmissible. His request to cancel removal was denied. The Board of Immigration Appeals and the Third Circuit rejected appeals. Removal may be cancelled if an inadmissible alien shows that he has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of application (8 U.S.C. 1229b). The petitioner's presence ended when he was refused readmission in 1999, after a short trip to Canada; his visa was cancelled because of his prior arrest. He signed a withdrawal of application for admission at that time, then obtained a passport under a new name and evaded immigration authorities in returning, indicating his awareness that he would not be allowed to return.