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HERNANDEZ v. GARLAND

No. 21-70493.

38 F.4th 805 (2022)

Jose Alberto HERNANDEZ, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2022.

Attorney(s) appearing for the Case

Niels W. Frenzen (argued) and Jean E. Reisz , University of Southern California, Gould School of Law, Immigration Clinic, Los Angeles, California, for Petitioner.

Lindsay Corliss (argued), Trial Attorney; Brianne Whelan Cohen , Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Opinion by Judge Forrest.

OPINION

The Board of Immigration Appeals (BIA) denied Petitioner Jose Alberto Hernandez cancellation of removal concluding that his receipt of temporary protected status (TPS) was not an admission and, therefore, he could not meet the statutory requirement that he have seven years of continuous residence in the...

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