[DOWNLOAD] "Santana-Albarran v. Ashcroft" by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Santana-Albarran v. Ashcroft
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 10, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Petitioner Faustino Santana-Albarran ("Santana-Albarran") seeks review of the denial of his application for cancellation of removal and adjustment of status under § 240A(b)(1) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1229b(b)(1). The Immigration Judge ("IJ") found that Santana-Albarran could prove three out of the four statutory requirements for cancellation of removal, but that he failed to establish that he had been physically present in the United States for a continuous ten-year period. The Board of Immigration Appeals ("BIA") affirmed without opinion. Santana-Albarran seeks review of the decision on two grounds: (1) that his continuous physical presence in the country had already been established in the removal hearing and should therefore have been given preclusive effect in the subsequent cancellation hearing; and (2) that the IJ failed to give proper weight to the back tax returns he filed for the years 1987-1999, which he claims corroborate his testimony that he was present in the country during that time. Neither of these two arguments is persuasive, and therefore we DENY the petition for review.

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