Alejandra Montesinos Cisneros v. Todd Blanche
Split Score
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Case Summary
Disposition
Affirmed
The court considered whether a return to the United States under Deferred Enforced Departure (DED) in 1994 counted as being “admitted in any status” for purposes of the seven-year continuous-residence requirement for cancellation of removal under 8 U.S.C. § 1229b(a). Holding that DED is not an immigration status and that ‘any status’ means a congressionally created status, the Fourth Circuit denied Cisneros’s petition for review and affirmed the BIA’s determination that she is statutorily ineligible for cancellation.
Circuit Split Identified
Legal Issue
Whether the phrase “admitted in any status” in 8 U.S.C. § 1229b(a)(2) includes an admission when the non-citizen holds no congressionally defined immigration status (i.e., an unlawful or non-status).
Circuit Positions
“Admitted in any status” requires possession of a congressionally defined immigration status at the moment of entry; unlawful or non-status admissions do not count.
“Admitted in any status” includes admissions made while the alien lacks any lawful status; the phrase sweeps in both lawful and unlawful statuses.
Conflict Summary
The 4th Circuit held that § 1229b(a)(2) requires the alien to have been admitted while holding a congressionally created immigration status; admission while in unlawful or no status does not qualify. The 5th and 9th Circuits interpret the same phrase to include admissions in any lawful or unlawful status, so an alien inspected and allowed into the country—even without a statutory status—may start accruing the seven-year residence period.