Blanche v. Lau · ¶75

Right or wrong, that holding has no bearing here. The question whether a noncitizen is eligible for cancellation of removal follows a finding of removability or deportability. See ibid. (“Under the cancellation-of-removal statute, immigration judges must . . . determine whether, after a previously admitted noncitizen has been determined to be deportable, the noncitizen should nonetheless be allowed to remain in the United States” (emphasis added)). So, by the time § 1229b(a) kicks in, the propriety of the removability or deportability finding must be taken for granted. By contrast, a border officer performing his duties under § 1101(a)(13)(C) is deciding whether a returning LPR will be treated as “seeking an admission”—a necessary step before a removal hearing is set to decide that individual's removability. That an LPR subsequently commits a crime or is later convicted for criminal…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.