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Keywords

testimonyburden of proofvisa
testimonyburden of proofvisa

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Torres-Balderas v. Lynch

Facts

Ivan Israel Torres-Balderas, a native and citizen of Mexico, entered the United States in 1996 with a border-crossing visa, which he later lost. Over the next fourteen years, he returned to Mexico multiple times and reentered the U.S. without inspection. He was apprehended by border officials on at least two occasions and voluntarily departed. In 2010, he received a Notice to Appear charging him with removability, admitted to it, and applied for cancellation of removal and voluntary departure.

Ivan Israel Torres-Balderas, a native and citizen of Mexico, entered the United States in 1996 with a border-crossing visa, which he later lost. Over the next fourteen years, he returned to Mexico multiple times and reentered the U.S. without inspection. He was apprehended by border officials on at least two occasions and voluntarily departed. In 2010, he received a Notice to Appear charging him with removability, admitted to it, and applied for cancellation of removal and voluntary departure.

Issue

Did Torres-Balderas meet the continuous presence requirement for cancellation of removal under 8 U.S.C.S. 1229b?

Did Torres-Balderas meet the continuous presence requirement for cancellation of removal under 8 U.S.C.S. 1229b?

Rule

To be eligible for cancellation of removal, an applicant must prove continuous presence in the U.S. for ten years preceding the Notice to Appear, with presence considered non-continuous if broken by absences exceeding 180 days.

To be eligible for cancellation of removal, an applicant must prove continuous presence in the U.S. for ten years preceding the Notice to Appear, with presence considered non-continuous if broken by absences exceeding 180 days.

Analysis

The IJ determined that Torres-Balderas had absences totaling at least 183 days, which broke his continuous presence. Although the IJ found him credible, the IJ relied on the sworn application rather than solely on his testimony due to ambiguities and inconsistencies in the latter. The IJ emphasized that the burden of proof rested with Torres-Balderas to establish his continuous presence.

The IJ determined that Torres-Balderas had absences totaling at least 183 days, which broke his continuous presence. Although the IJ found him credible, the IJ relied on the sworn application rather than solely on his testimony due to ambiguities and inconsistencies in the latter. The IJ emphasized that the burden of proof rested with Torres-Balderas to establish his continuous presence.

Conclusion

The court affirmed the BIA's decision, denying Torres-Balderas's petition for review based on the substantial evidence supporting the IJ's determination regarding his absences.

The court affirmed the BIA's decision, denying Torres-Balderas's petition for review based on the substantial evidence supporting the IJ's determination regarding his absences.

Who won?

The government prevailed in the case because the court found substantial evidence supporting the IJ's determination that Torres-Balderas did not meet the continuous presence requirement.

The government prevailed in the case because the court found substantial evidence supporting the IJ's determination that Torres-Balderas did not meet the continuous presence requirement.

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