Reyes-Vasquez v. Ashcroft, ___ F.3d ___, 2005 U.S. App. LEXIS 1220 (8th Cir. January 25, 2005) (where noncitizen returned to Mexico for only about two weeks to visit his ailing grandfather, the record is insufficient to establish that the his experience of being put across the border in 1990 constituted voluntary departure "under threat of deportation" so as to legally break his continuous period of physical presence in the United States, for purposes of qualifying for cancellation for non-LPRs, under 8 U.S.C. 1229b(d)(2), for lack of evidence that the threat of deportation was expressed to him and understood by him).

jurisdiction: 
Eighth Circuit

 

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