The Ninth Circuit held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable.1:39 AM
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, criminal grounds of inadmissibility, disqualifying confiction, NACARA, Nicaragua |
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 
What would you say is the real time limit to prosecute an removal charge? I know that the INA has no specific “time limits”, but it is a civil matter, and there is a cause of action, so it has a limit at some point. We aren’t “immigrating” for 57 years at a time, or 34 years, etc. I haven’t really found any attorneys who raise the issue, which I guess is an affirmative defense.
I’m thinking that the “10 years” related to these waivers is no coincidence. Everything relates back to the date of admission.
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