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.