5th Circ.'s 'Stop-Time' Ruling Viewed As Overly Harsh

Law360, New York (April 30, 2015, 8:56 PM EDT) -- The Fifth Circuit ruled Tuesday that a green card holder's old marijuana conviction barred him from obtaining cancellation of removal under the so-called stop-time rule, and experts say the decision is unduly strict and a prime example of the inconsistencies inherent in U.S. immigration law.

In a case of first impression, the Fifth Circuit held that Honduran citizen Rony Alexander Paz Calix was ineligible for cancellation of removal because his 2001 marijuana possession conviction made him inadmissible to the U.S. and affected his continual residence time.

Paz Calix's accrual of continuous residency had stopped on the day of his marijuana offense,...

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