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No Grace Period for Non LPR Cancellation

The United States Court of Appeals for the Ninth Circuit determined that persons who entered the United States illegally on June 15, 1991, and were issued a Notice To Appear on May 3, 2001, had not maintained continuous presence in the United States for a ten-year span as required by 8 U.S.C. § 1229b.

In February 2001, they engaged CB Immigration Services ("CB"), who informed them they were eligible to apply for lawful permanent resident status. They paid CB approximately $5500, and CB submitted asylum applications on their behalf, which ultimately resulted in the initiation of removal proceedings.

The court ruled that the ten-year period under section 1229b could not be equitably tolled for the alleged fraud by CB, and that although the statute permitting intermittent absences during a ten-year span does not providing a grace period to effectively reduce the ten-year requirement.

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