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PEREIRA v. SESSIONS

No. 16-1033.

866 F.3d 1 (2017)

Wescley Fonseca PEREIRA, Petitioner, v. Jefferson B. SESSIONS III, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

July 31, 2017.

Attorney(s) appearing for the Case

Jeffrey B. Rubin , with whom Rubin Pomerleau P.C., Boston, MA, was on brief, for petitioner.

Sarah K. Pergolizzi , Trial Attorney, Office of Immigration Litigation, with whom Bejamin C. Mizer , Acting Assistant Attorney General, Civil Division, Kohsei Ugumori , Senior Litigation Counsel, Office of Immigration Litigation, and Jesse D. Lorenz , Trial Attorney, Office of Immigration Litigation, were on brief, for respondent.

Before Lynch, Lipez, and Thompson, Circuit Judges.

The Immigration and Nationality Act ("INA") gives the Attorney General discretion to cancel the removal of a non-permanent resident alien if the alien meets certain criteria, including ten years of continuous physical presence in the United States. 8 U.S.C. § 1229b(b)(1). Under the "stop-time" rule, the alien's period...

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