Garcia v. Holder Jr., No. 08-73004 (9th Cir. 2011)
Annotate this CasePetitioner petitioned for review of the BIA's dismissal of his appeal of an IJ's decision denying his application for cancellation of removal. The BIA concluded that petitioner's 1992 parole as a Special Immigrant Juvenile did not qualify as an admission "in any status" as required by 8 U.S.C. 1229b(a)(2) and, as a result, found petitioner statutorily ineligible for cancellation of removal because he did not establish seven years of continuous physical presence after having been "admitted in any status." The court disagreed and held that parole as a Special Immigrant Juvenile under 8 U.S.C. 1255(h) qualified as an admission "in any status" for the purposes of section 1229b(a)(2). Therefore, the court granted the petition and remanded to the BIA for further proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.