Background

• Gomez, a Mexican citizen, entered the U.S. in 1989 and traveled to Mexico in 1993 for a brief period.
• At the border upon attempting reentry, he presented a birth-registration document and claimed U.S. citizenship before admitting Mexican citizenship and lack of entry documents.
• Gomez was arrested and charged in the District of Arizona with possessing a false identification document; he pleaded guilty to that count and was sentenced to two years of probation with limited immigration reporting.
• After plea, Gomez was transported to the Mexican border in INS custody, returned to the U.S. border, and crossed back into the United States the following day.
• In 2000, the INS filed a Notice to Appear alleging removability; Gomez conceded removability and sought cancellation of removal, with an alternative request for voluntary departure.
• The IJ and later the BIA found Gomez’s 1993 departure interrupted his continuous physical presence, making him ineligible for cancellation of removal, and Gomez pursued judicial review.

Issues

Key Cases Cited

• Gutierrez v. Mukasey, 521 F.3d 1114 (9th Cir. 2008) (standard of review for continuous presence; substantial evidence)
• Landin-Zavala v. Gonzales, 488 F.3d 1150 (9th Cir. 2007) (formal exclusion/deportation interrupting presence)
• Juarez-Ramos v. Gonzales, 485 F.3d 509 (9th Cir. 2007) (expedited removal as interruption of presence)
• Valadez-Munoz v. Holder, 623 F.3d 1304 (9th Cir. 2010) (border turnaround with formal elements can interrupt presence)
• Tapia v. Gonzales, 430 F.3d 997 (9th Cir. 2005) (border interactions with formality required for interruption)
• Ascencio-Rodriguez v. Holder, 595 F.3d 105 (2d Cir. 2010) (conviction and return may terminate continuous presence; formal process)