BIA Addresses "Wave Through" Admissions and LPR Cancellation Eligibility

The Board of Immigration Appeals (BIA) has determined that in the Fifth and Ninth Circuits, a wave through admission qualifies as "an admission in any status" for the purposes of cancellation of removal for lawful permanent residents.  However, outside the Fifth and Ninth Circuits, applicants will need prove that they were admitted in a lawful status to meet the eligibility criteria for cancellation.  

The full text of Matter of Castillo Angulo can be found here:

https://www.justice.gov/file/1029381/download

Ninth Circuit Determines that Wave Through Entry Qualifies as Admission in any Status

The Ninth Circuit has determined that a wave-through entry at the border qualifies as an "admission in any status" for the purpose of cancellation of removal for lawful permanent residents.  The Ninth Circuit holding is in accordance with a prior decision issued by the Fifth Circuit.

The full text of Saldivar v. Sessions can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/11/07/13-72643.pdf

Tenth Circuit Addresses "Admission in any Status" for Cancellation of Removal

In an unpublished decision, the Tenth Circuit assumed that a procedurally regular admission, as described in Matter of Quilantan, would qualify as an admission in any status for the purposes of cancellation of removal for lawful permanent residents.  The court, however, found insufficient evidence that the applicant had been admitted at the port of entry in such a manner.

The full text of Pineda v. Lynch can be found here:

https://www.ca10.uscourts.gov/opinions/15/15-9577.pdf