805 F.3d 185
5th Cir.2015Background
- Tula-Rubio was waved through at the Laredo border checkpoint in 1992 as a four-year-old, becoming an undocumented immigrant.
- He resided in the United States for about ten years before being granted lawful permanent resident status ten years after entry.
- He was convicted of deportable crimes and charged with inadmissibility, and sought cancellation of removal under 8 U.S.C. § 1229b(a)(2).
- The IJ and BIA held that being admitted without “status” meant he could not meet the seven-year continuous residence requirement.
- The panel reversed, holding that “any status” includes admission in any status, thereby allowing cancellation for an undocumented entrant.
- The en banc court denied rehearing, with a 5-10 vote in favor of denial of rehearing en banc.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 'any status' include undocumented status? | Tula-Rubio | Tula-Rubio | Rehearing denied; panel holding stands |
| Is 'status' a broad, generic term or a term of art in INA cancellation? | Tula-Rubio | Panel | Rehearing denied; panel interpretation sustained |
| Does Blancas-Lara support open-ended 'any status' interpretation? | Tula-Rubio | Panel | Rehearing denied; Blancas-Lara limited in application |
| Does Verizon statutory history support a narrower reading of 'any status'? | Tula-Rubio | Panel | Rehearing denied; statutory history not controlling |
Key Cases Cited
- Vasquez de Alcantar v. Holder, 645 F.3d 1097 (9th Cir.2011) (limits on 'any status' for cancellation of removal)
- Garcia-Quintero v. Gonzales, 455 F.3d 1006 (9th Cir.2006) (legislative history and status concepts in cancellation)
- United States v. Orellana, 405 F.3d 360 (5th Cir.2005) (undocumented status concept and enforcement)
- Holder v. Martinez Gutierrez, 132 S. Ct. 2011 (U.S. 2012) (cancellation requires seven years after lawful admission)