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Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateOctober 25, 2019
CategoryRemoval or readmission
Policy toolEligibility

Policy effect

The Attorney General issued a binding precedent decision establishing a rebuttable presumption that an alien with two or more convictions for driving under the influence (DUI) during the relevant statutory period lacks good moral character under INA § 101(f), presumptively barring eligibility for cancellation of removal under INA § 240A(b).

Conditions and exceptions

Validated condition or limit: The Attorney General issued a binding precedent decision establishing a rebuttable presumption that an alien with two or more convictions for driving under the influence (DUI) during the relevant statutory period lacks good moral character under INA § 101(f), presumptively barring eligibility for cancellation of removal under INA § 240A(b).

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

(2) Evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f). (3) Because only aliens who possessed good moral character for a 10-year period are eligible for cancellation of removal under section 240A(b) of the INA, 8 U.S.C. § 1229b(b), such evidence also presumptively establishes that the alien’s application for that discretionary relief should be denied.
U.S. Department of Justice Office of the Attorney General / EOIRMatter of CASTILLO-PEREZ, 27 I&N Dec. 664 (A.G. 2019)Open official source
Retrieved from https://justice.gov/eoir/page/file/1213196/dl?inline=

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-543959d05904e71dbbdb. Something wrong? Flag this record.