JORGE HERNANDEZ-CABELLO V. WILLIAM BARR, No. 17-70041 (9th Cir. 2019)
Annotate this Case
Download PDF
NOT FOR PUBLICATION FILED FEB 21 2019 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JORGE LUIS HERNANDEZ-CABELLO, Petitioner, No. U.S. COURT OF APPEALS 17-70041 Agency No. A206-263-228 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 19, 2019** Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges. Jorge Luis Hernandez-Cabello, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The agency denied cancellation of removal for failure to demonstrate ten years of continuous physical presence prior to service of Hernandez-Cabello’s Notice to Appear (“NTA”). However, the agency did not have the benefit of the Supreme Court’s decision in Pereira v. Sessions, 138 S. Ct. 2105 (2018), which held that an NTA that does not specify a place and time for a non-citizen’s first hearing does not trigger the stop-time rule to calculate continuous physical presence. As Hernandez-Cabello’s NTA did not specify the date and time of his hearing, we remand to the BIA to consider his eligibility for cancellation of removal in light of that decision. In light of our disposition, we do not reach Hernandez-Cabello’s contentions regarding the agency’s adverse credibility determination. PETITION FOR REVIEW GRANTED; REMANDED. 2 17-70041
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.
