Orozco-Velasquez v. Att’y Gen. of the United States

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Orozco-Velasquez, a Guatemalan citizen, arrived in the U.S. in 1998-1999 without being admitted or paroled. In 2008, he was served with a notice to appear (NTA) before an IJ, noting that the date and time of removal proceedings were “to be set.” In 2010, he received another NTA, sent to correct the address. Five days later, April 12, 2010, he was served with a Notice announcing the date and time of removal proceedings. On May 14, 2010, Orozco-Velasquez sought cancellation of removal on the ground that his removal would result in “exceptional and extremely unusual hardship” to his mother, and moved to terminate removal proceedings, arguing that the 2010 NTA effectively superseded the 2008 NTA, so that he did not receive proper notice until after he had resided in the U.S. for a continuous ten-year period, 8 U.S.C. 1229(a)(1)(G)(i). The IJ ordered him removed. The BIA dismissed an appeal. The Third Circuit vacated. In requiring that an “alien [be] served a notice to appear under section 1229(a)” to suspend his accrual of continuous residency, 8 U.S.C. 1229b(d)(1) compels government compliance with each of section 1229(a)(1)’s NTA requirements. The government may amend and supplement its initial NTA; but to cut off an alien’s eligibility for cancellation of removal, it must do so within the 10 years of continuous residence. View "Orozco-Velasquez v. Att'y Gen. of the United States" on Justia Law