Santos-Reyes v. Attorney Gen. of the U.S., No. 10-3279 (3d Cir. 2011)Annotate this Case
Petitioner, a citizen of the Dominican Republic, was admitted in 1991 as a conditional permanent resident. Upon her return to the United States from a 2007 trip, she was charged with inadmissibility as an alien convicted of a crime of moral turpitude (8 U.S.C. 1182(a)(2)(A)(i)(I)), arising from a 1999 conviction for receiving stolen property, criminal conspiracy, and criminal solicitation. She sought cancellation of removal based upon seven years of continuous residence (8 U.S.C. 1229b(a)). The immigration judge applied the "stop-time rule," 8 U.S.C. 1229b(d)(1)under which any period of continuous physical presence in the U.S. is deemed to end when the alien has committed an offense referred to in section 1182(a)(2). The BIA upheld the decision, ruling that a conviction record showing August 18, 1998 as the incident date established that her criminal conduct occurred before seven years of continuous residency had elapsed. The Third Circuit denied review. The phrase "has committed" in section 1229b(d)(1) means the stop-time rule is triggered either by an alien's criminal conduct occurring on a particular date before the end of the seventh year of continuous residence, or conduct that runs up to the date when the seventh year of residency ends.