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URBINA v. HOLDER

Nos. 13-1084, 13-1465.

745 F.3d 736 (2014)

Gustavo URBINA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Gustavo Urbina, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: March 17, 2014.

Attorney(s) appearing for the Case

ARGUED: Philip A. Eichorn , Philip Eichorn Company, LPA, Cleveland, Ohio, for Petitioner. Jennifer Paisner Williams , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Stuart F. Delery , Acting Assistant Attorney General, David V. Bernal , Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review denied in part and dismissed in part by published opinion. Judge DIAZ wrote the opinion, in which Judge MOTZ and Judge AGEE joined.

DIAZ, Circuit Judge.

The Immigration and Nationality Act permits the Attorney General to cancel removal of certain aliens. See 8 U.S.C. § 1229b(b). Although the Attorney General has discretion in such matters, the statute requires the alien to have "been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application." Id. § 1229b(b)(1)(A). In this case, Gustavo Urbina...

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