The Fifth Circuit Court of Appeals refused to stay a green card holder’s removal. The court argued that it couldn’t block the plaintiff’s removal because they didn’t disclose being charged under a New Mexico state law. The decision reaffirms that lawful permanent residents can lose their status if convicted of certain crimes.

The court initially charged the plaintiff under New Mexico’s child abuse statute. The Department of Homeland Security (DHS) marked him as removable because of the conviction. After submitting request for cancellation of removal to the Board of Immigration Appeals (BIA). The plaintiff reportedly failed to report his criminal history while doing so.

The Circuit Court ruled that BIA erred in not identifying whether the charge under the New Mexico child abuse statute. However, the court also argued the plaintiff was at fault for not addressing the seven additional offenses in their appeal. The court also ruled the plaintiff’s case violated the “stop-time rule”. The stop-time rule is a legal principle mandating that green card holders who commit crimes within their first seven years after arriving in the U.S. are eligible for removal. The plaintiff initially arrived in the U.S. in 2016 and was first charged under New Mexico state law three years later.

The ruling sends a clear message to green card holders appealing removal procedures. Given the increasingly strict immigration landscape. While entitled to due process under U.S. law, lawful permanent residents can absolutely lose their status and face removal if convicted of felonies.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.