Opinion

Delfino Vasquez-Lopez v. John Ashcroft, Attorney General

  • 343 F.3d 961
  • 2003 Daily Journal DAR 10421
  • 2003 U.S. App. LEXIS 18871
Court
Court of Appeals for the Ninth Circuit
Filed
Sep 11, 2003
Status
Published
On the bench
Berzon, Stapleton, O'Scannlain, Fernandez, Pregerson, Thomas, Graber, Wardlaw, Fisher, Paez
Cited by
138 cases
Authority
More cited than 99.3%

holding that a departure under the threat of coerced deportation was properly regarded as a break in the continuum of the alien’s physical presence for purposes of cancellation of removal

How later courts described this case

  • holding that a departure under the threat of coerced deportation was properly regarded as a break in the continuum of the alien’s physical presence for purposes of cancellation of removal
  • holding that a grant of voluntary departure "occasioned a break in [the alien’s] ‘continuous physical presence’ ” under 8 U.S.C. § 1229b, just as an order of deportation would
  • holding that Mr. Vasquez-Lopez was not eligible for cancellation of removal because voluntary departure created a break in his continuous physical presence
  • holding that an alien who elects to voluntarily depart to avoid removal proceedings does not continue to accrue “presence” in the United States

Written by the judges who cited it.

The opinion

ORDER

The opinion filed on January 13, 2003, is ordered amended. The Clerk is instructed to file the amended opinion. Judge Ber-zon’s dissent from the order denying rehearing en banc shall also be filed.

The panel has voted unanimously to deny the petition for rehearing. Judge O’Scannlain has voted to deny the petition *963 for rehearing en banc, and Judge Staple-ton and Judge Fernandez so recommended.

The full court was advised of the petition for rehearing en banc and an active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonre-cused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for panel or en banc rehearing will be entertained.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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