Urbina v. Holder, Jr., No. 13-1084 (4th Cir. 2014)Annotate this Case
Petitioner, a native and citizen of Nicaragua, argued that he met the requirements of 8 U.S.C. 1229b(b)(1)(A) and was therefore eligible for cancellation of removal. Shortly before the statute's ten years of physical presence requirement would accrue, DHS served petitioner with a notice to appear. On appeal, petitioner's main argument was that the notice to appear was invalid and thus did not stop the accrual of the ten-year statutory period. The court concluded that petitioner's original notice to appeal was not invalid where the court deferred to the BIA's reasonable interpretation of the statute and noted that the notice to appear substantially complied with the requirements of section 1229(a); the IJ did not abuse its discretion in denying the motion to terminate removal proceedings; DHS had discretion to amend the charge; the court lacked jurisdiction to review petitioner's contention that the IJ violated his procedural due process right by pretermitting his application for cancellation of removal, and because the court determined that deference to In re Camarillo was appropriate, the court need not reach the BIA's alternative rationale regarding fraud. Accordingly, the court denied in part and dismissed in part.