Crimes of Moral Turpitude

(C)

Stop-Time Rule.  Although there was no stop-time rule applicable to suspension of deportation prior to September 30, 1996, IIRAIRA made the stop-time rule of INA § 240(d), as it applies to the service of an OSC or NTA, applicable to all non-NACARA applications for suspension filed after that date.[424]  It may be possible for a noncitizen retroactively barred from suspension of deportation to apply for cancellation of removal through a process called “repapering,”[425] in which the DHS terminates deportation proceedings under former law, and initiates removal proceedings by filing and serving an NTA.

[424] IIRAIRA § 309(c)(5).  See also Pedroza-Padilla v. Gonzales, 486 F.3d 1362 (9th Cir. May 15, 2007); Casillas-Figueroa v. Gonzales, 419 F.3d 447 (6th Cir. Aug. 12, 2005) (stop-time rule applied to noncitizen’s application for suspension of deportation, even though application was initially granted by IJ prior to IIRAIRA); Suassuna v. INS, 342 F.3d 578 (6th Cir. Sept. 4, 2003) (continuous physical presence for suspension of deportation ends upon service of the order to show cause, even if order was issued before enactment of the stop-time rule).  But see Aoun v. INS, 342 F.3d 503 (6th Cir. Aug. 29, 2003) (“stop time” rule inapplicable where, given lengthy government delays, including continuances and administrative closure, noncitizen was prejudiced in his ability to have his suspension application decided under less stringent immigration rules).

[425] See Alcaraz v. INS, 384 F.3d 1150 (9th Cir. Oct. 1, 2004) (review granted to determine whether noncitizen retroactively barred from suspension of deportation by stop-time rule can apply for cancellation of removal through “repapering” process).