SEE: http://www.justice.gov/eoir/vll/intdec/vol25/3728.pdf
Cite as: Matter of Cruz De Ortiz, 25 I&N Dec.601 (BIA 2011)
Matter of Paula CRUZ DE ORTIZ, Respondent
Decided September 20, 2011
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Because section 246(a) of the Immigration and Nationality Act, 8 U.S.C. § 1256(a) (2006),
relates only to proceedings to rescind lawful permanent resident status acquired through
adjustment of status, the 5-year statute of limitations in that section is not applicable to bar
the removal of an alien who was admitted to the United States with an immigrant visa.
Garcia v. Attorney General of the United States, 553 F.3d 724 (3d Cir. 2009), distinguished.
It needs to be noted that recission is an option for USCIS to strip a greencard rather than referring to an IJ. Recission is a rare thing because it does have a 5 year statute of limitations and Removal Proceedings are still an option. It may be in one's best interest to be issued an NTA and placed in Removal Proceedings because certain forms of relief are ONLY available from an IJ.
Cite as: Matter of Cruz De Ortiz, 25 I&N Dec.601 (BIA 2011)
Matter of Paula CRUZ DE ORTIZ, Respondent
Decided September 20, 2011
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Because section 246(a) of the Immigration and Nationality Act, 8 U.S.C. § 1256(a) (2006),
relates only to proceedings to rescind lawful permanent resident status acquired through
adjustment of status, the 5-year statute of limitations in that section is not applicable to bar
the removal of an alien who was admitted to the United States with an immigrant visa.
Garcia v. Attorney General of the United States, 553 F.3d 724 (3d Cir. 2009), distinguished.
It needs to be noted that recission is an option for USCIS to strip a greencard rather than referring to an IJ. Recission is a rare thing because it does have a 5 year statute of limitations and Removal Proceedings are still an option. It may be in one's best interest to be issued an NTA and placed in Removal Proceedings because certain forms of relief are ONLY available from an IJ.
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