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Baraket v. Holder, No. 09-0739

By FindLaw Staff on January 20, 2011 3:01 PM

Denial of Petition for Review of Moral Turpitude-Based Removal

In Baraket v. Holder, No. 09-0739, a petition for review of the BIA's order pretermitting petitioner's application for cancellation of removal, the court denied the petition where petitioner committed acts between October 2001 and December 2001 that constituted a crime involving moral turpitude, and the BIA therefore properly pretermitted his application for cancellation of removal on the grounds that, within the meaning of 8 U.S.C. section 1229b(a)(2), he had not continuously resided in the U.S. for seven years after his lawful entry in May 1996.

As the court wrote:  "This case requires us to clarify whether certain passages from several of our past decisions were holdings or dicta. When an alien who is a lawful permanent resident facing removal from the United States seeks relief in the form of cancellation of removal, he must show, inter alia, that he has resided in the United States continuously for seven years."

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