Cirilo Ramos-Torres v. Eric Holder, Jr., No. 09-60862 (5th Cir. 2011)
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Petitioner, a Mexican citizen, appealed the Board of Immigration Appeal's ("BIA") decision affirming removal and ineligibility for cancellation of removal where petitioner voluntarily departed the country after being convicted for illegal entry in 1982 and subsequently reentered the United States illegally. At issue was whether petitioner's voluntary departure under the threat of deportation was the same as a departure under an order of deportation where a voluntary departure did not break continuous residence the way deportation did under the Immigration Reform and Control Act of 1986, 8 U.S.C. 1255. The court affirmed the BIA's order and held that petitioner's absence was surely caused by the imminence of his deportation, even if deportation proceedings had not yet commenced against him; and therefore, petitioner's voluntary departure in lieu of deportation interrupted his alleged continuous residence as a matter of fact and law.
This opinion or order relates to an opinion or order originally issued on April 4, 2011.
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