Thursday, June 14th, 2018

Unpub. BIA Cancellation Remand Victory

"Pursuant to Matter of Ortega-Cabrera, 23 I&N Dec. 793 (BIA 2005), because an application for cancellation of removal under section 240A(b )(1) of the Act, 8 U.S.C. § 1229(b)(1), is a continuing one for purposes of evaluating an alien's moral character, the period during which good moral character must be established ends with the entry of a final administrative decision by the Immigration Judge or by the Board.  An alien must show good moral character for a period of 10 years, which is calculated backward from the date on which the application is finally resolved by the Immigration Judge or the Board.  In this case, because the smuggling event occurred in 2001, and there is still no final administrative decision, the 10-year period expired in 2011.  Therefore, the smuggling event in 2001 no longer bars a finding of good moral character.  Accordingly, a remand is necessary for the Immigration Judge to