Jeudy v. Holder, No. 13-3174 (7th Cir. 2014)
Annotate this CaseJeudy entered the U.S. from Haiti in 1980 without inspection. He became a lawful permanent resident in 1989. In 2009, the government charged him as removable based on his 1995 guilty plea to attempted possession of crack cocaine, 8 U.S.C. 1251(a)(2)(B)(i). An alien found to be deportable at that time could be eligible for discretionary relief. Among other requirements, an alien had to accrue a certain period of continuous presence or residence in the U.S. While conviction rendered him deportable, he continued to accrue time toward a period of continuous residence. In 1996, he reached the required seven years under 8 U.S.C. 1182(c). In 1997, the Illegal Immigration Reform and Immigrant Responsibility Act added the “stop-time rule,” which cuts off the accrual of time toward those years of continuous residence upon service of notice to appear or commission of certain offenses, 8 U.S.C. 1229b(d)(1). Jeudy has no family in Haiti, and has three children who are American citizens. The immigration judge found that the stop-time rule applied retroactively to cut off Jeudy’s period of continuous residence in 1995. The Board of Immigration Appeals affirmed. The Seventh Circuit granted Jeudy’s petition for review. The stop-time rule does not convey a clear intent to govern retroactively, and the stop-time rule would have an impermissible retroactive effect if it were applied to Jeudy’s 1995 drug offense.
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