Guzman v. Att'y Gen. of U.S., No. 13-3196 (3d Cir. 2014)
Annotate this CaseGuzman, a 38-year-old citizen of the Dominican Republic, was admitted to the U.S. as a lawful permanent resident in 1994 and has continually resided here. About a year after his admission, he pled guilty to a New York charge of Criminal Possession of a Controlled Substance and was sentenced to probation. In 2005, he again pled guilty to Criminal Possession of a Controlled Substance and was sentenced to time served. DHS took custody of Guzman and served him with notice of removal proceedings in 2012, based on his 2005 conviction (8 U.S.C. 237(a)(2)(B)(i)). Although the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, changed the law, the same basis for removal appeared pre-IIRIRA. The government argued that Guzman was ineligible for cancellation of removal under the stop-time rule, which stopped his accrual of the requisite seven years’ presence at his 1995 drug offense. Guzman argued that the IIRIRA stop-time rule would have an impermissibly retroactive effect. The IJ applied the rule. The BIA and Third Circuit affirmed, rejecting an argument that the loss of opportunity to delay deportation proceedings created a “new disability.” Guzman was deportable in 1995 with no avenue for relief, as he is deportable now.
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