Tenth Circuit Rules a Notice of Hearing Does Not Stop Time for Cancellation of Removal

In Banuelos Galviz v. Barr, a published decision issued on March 25, 2020, the Tenth Circuit Court of Appeals rules against the government, overruling the Board of Immigration Appeals, in finding that a notice of hearing does not stop time for physical presence requirements for Cancellation of Removal.

“But what if an incomplete notice to appear is followed by a notice of hearing that supplies the previously omitted information? We conclude that the stop-time rule is still not triggered. In our view, the stop-time rule is triggered by one complete notice to appear rather than a combination of documents.”

This ruling follows the previous precedent set by the United States Supreme Court in Pereira v. Sessions and forces the government to follow the plain language of the law. Thanks to this plain language interpretation and application, potentially thousands of respondents will be apply to apply for relief from removal.

Read the entire decision below.

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