JAGHOORI v. HOLDER

No. 13-1801.

772 F.3d 764 (2014)

Abdul Azim JAGHOORI, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: November 18, 2014.


Attorney(s) appearing for the Case

ARGUED: Tamara L. Jezic , Law Office of Ivan Yacub, Woodbridge, Virginia, for Petitioner. Lindsay M. Murphy , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Ivan Yacub , Law Office Of Ivan Yacub, Falls Church, Virginia, for Petitioner. Stuart F. Delery , Assistant Attorney General, Civil Division, Song Park, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted and case remanded by published opinion. Judge THACKER wrote the majority opinion, in which Judge DUNCAN joined. Judge NIEMEYER wrote a dissenting opinion.


THACKER, Circuit Judge:

An alien who wishes to apply for cancellation of removal must show, among other things, that he has continuously resided in the United States for seven years after admission to this country. See 8 U.S.C. § 1229b(a)(2). However, a statutory provision known as the stop-time rule provides that the commission of a criminal offense can cut short the alien's period of continuous residence. See id. § 1229b(d)(1)(B). In the...

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