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Keywords

deportationliens
deportationliens

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Torres-Rendon v. Holder

Facts

Petitioner Tomas B. Torres-Rendon, a native of Mexico, entered the United States without inspection in 1977. He was admitted as a lawful permanent resident in 1984 through a bigamous marriage. In 1987, he was convicted of delivery of a controlled substance, leading to deportation proceedings initiated in 1988. After years of suspension, the proceedings were resumed in 2009 when he was apprehended by DHS, and he applied for waivers of deportation and suspension of deportation, which were denied.

Petitioner Tomas B. Torres-Rendon, a native of Mexico, entered the United States without inspection in 1977. He was admitted as a lawful permanent resident in 1984 through a bigamous marriage. In 1987, he was convicted of delivery of a controlled substance, leading to deportation proceedings initiated in 1988. After years of suspension, the proceedings were resumed in 2009 when he was apprehended by DHS, and he applied for waivers of deportation and suspension of deportation, which were denied.

Issue

Whether Torres-Rendon is eligible for waivers of deportation under former 241(f) and for suspension of deportation under former 244(a)(2) of the INA.

Whether Torres-Rendon is eligible for waivers of deportation under former 241(f) and for suspension of deportation under former 244(a)(2) of the INA.

Rule

The 241(f) waiver applies to aliens who were excludable at the time of entry due to fraud or misrepresentation, and the stop-time rule under 240A(d)(1) precludes the accrual of continuous physical presence for suspension of deportation.

The 241(f) waiver applies to aliens who were excludable at the time of entry due to fraud or misrepresentation, and the stop-time rule under 240A(d)(1) precludes the accrual of continuous physical presence for suspension of deportation.

Analysis

The court found that Torres-Rendon was not eligible for the 241(f) waiver because he had never been charged with fraud, which is a requirement for that waiver. Additionally, the stop-time rule applied, meaning that his period of continuous physical presence ended when he committed his drug crime in 1987, preventing him from establishing the necessary ten years of physical presence for suspension of deportation.

The court found that Torres-Rendon was not eligible for the 241(f) waiver because he had never been charged with fraud, which is a requirement for that waiver. Additionally, the stop-time rule applied, meaning that his period of continuous physical presence ended when he committed his drug crime in 1987, preventing him from establishing the necessary ten years of physical presence for suspension of deportation.

Conclusion

The court denied Torres-Rendon's petition for review, affirming the BIA's decision that he was ineligible for both the 241(f) waiver and suspension of deportation.

The court denied Torres-Rendon's petition for review, affirming the BIA's decision that he was ineligible for both the 241(f) waiver and suspension of deportation.

Who won?

The government prevailed in the case because the court upheld the BIA's findings that Torres-Rendon was ineligible for the requested waivers.

The government prevailed in the case because the court upheld the BIA's findings that Torres-Rendon was ineligible for the requested waivers.

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