Torres v. Barr, No. 13-70653 (9th Cir. 2019)Annotate this Case
The Ninth Circuit denied a petition for review of the BIA's decision affirming the IJ's determination that petitioner was removable as an immigrant who at the time of application for admission lacked a valid entry document under 8 U.S.C. 1182(a)(7)(A)(i)(I), and that she was ineligible for cancellation of removal.
The panel followed its binding precedent in Minto v. Sessions, 854 F.3d 619 (9th Cir. 2017), cert. denied, 138 S. Ct. 1261 (2018), and Eche v. Holder, 694 F.3d 1026 (9th Cir. 2012), holding that substantial evidence supported the BIA's decision. In Minto, the panel held that although Congress's two-year reprieve protected immigrants like petitioner from removability under 8 U.S.C. 1182(a)(6)(A)(i) on the basis that they had not been admitted or paroled into the United States, it did not exempt them from removal based on other grounds of removability. Therefore, the panel held that reprieve did not offer petitioner protection from the charge that she was an immigrant who at the time of application for admission lacked a valid entry document. The panel also held that substantial evidence supported the BIA's determination that petition failed to establish the ten years of continuous presence in the United States required for cancellation of removal. Finally, the panel lacked jurisdiction to consider petitioner's request to remand.
The court issued a subsequent related opinion or order on January 13, 2020.