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Posos-Sanchez v. Garland

Facts

Angel Posos-Sanchez, a native of Mexico, entered the United States unlawfully in 1980 and later received a temporary resident card in 1988. In 1990, he was stopped at a border patrol checkpoint in San Clemente, California, where he presented his temporary resident card and was released. After being removed to Mexico in 2010 or 2011, he attempted to reenter the U.S. in 2011 but was detained and placed in removal proceedings. He contested his removability and sought to adjust his status and apply for voluntary departure.

Angel Posos-Sanchez, a native of Mexico, entered the United States unlawfully in 1980 and later received a temporary resident card in 1988. In 1990, he was stopped at a border patrol checkpoint in San Clemente, California, where he presented his temporary resident card and was released. After being removed to Mexico in 2010 or 2011, he attempted to reenter the U.S. in 2011 but was detained and placed in removal proceedings. He contested his removability and sought to adjust his status and apply for voluntary departure.

Issue

The main legal issues were whether Posos was 'admitted' to the United States at the San Clemente checkpoint and whether the deficient NTA affected his eligibility for voluntary departure.

The main legal issues were whether Posos was 'admitted' to the United States at the San Clemente checkpoint and whether the deficient NTA affected his eligibility for voluntary departure.

Rule

The court applied the definition of 'admission' under 8 U.S.C. 1101(a)(13)(A), which requires lawful entry into the U.S. after inspection and authorization by an immigration officer, and the requirements for a valid notice to appear under 8 U.S.C. 1229(a).

The court applied the definition of 'admission' under 8 U.S.C. 1101(a)(13)(A), which requires lawful entry into the U.S. after inspection and authorization by an immigration officer, and the requirements for a valid notice to appear under 8 U.S.C. 1229(a).

Analysis

The court determined that Posos was not 'admitted' to the U.S. because the inspection at the San Clemente checkpoint did not constitute lawful entry as defined by the statute. Furthermore, the NTA's omission of the time of the removal proceedings meant it did not comply with the requirements of 1229(a), which affected the calculation of his physical presence in the U.S. The court concluded that Posos had accrued sufficient physical presence to be eligible for voluntary departure.

The court determined that Posos was not 'admitted' to the U.S. because the inspection at the San Clemente checkpoint did not constitute lawful entry as defined by the statute. Furthermore, the NTA's omission of the time of the removal proceedings meant it did not comply with the requirements of 1229(a), which affected the calculation of his physical presence in the U.S. The court concluded that Posos had accrued sufficient physical presence to be eligible for voluntary departure.

Conclusion

The Ninth Circuit affirmed the agency's conclusion that Posos was removable and ineligible to adjust his status but granted his petition regarding the voluntary departure application, remanding the case for further consideration.

The Ninth Circuit affirmed the agency's conclusion that Posos was removable and ineligible to adjust his status but granted his petition regarding the voluntary departure application, remanding the case for further consideration.

Who won?

The prevailing party was Angel Posos-Sanchez in part, as the court found that the agency erred in denying his application for voluntary departure due to the deficient NTA.

The prevailing party was Angel Posos-Sanchez in part, as the court found that the agency erred in denying his application for voluntary departure due to the deficient NTA.

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