Garcia-Jimenez v. Gonzalez, 472 F.3d 679 (9th Cir. Jan. 2007) (one cannot obtain cancellation of removal for permanent residents if relief is granted under former INA 212(c) at any time, even during the same proceedings); compare Sinotes-Cruz v. Gonzalez, 468 F.3d 1190 (9th Cir. Nov. 2006) (permanent stop time rule for cancellation of removal cannot be applied retroactively to convictions occurring prior to the effective date of IIRAIRA, therefore allowing a person to apply for cancellation despite a conviction of a crime of moral turpitude that occurred during the first seven years of physical presence).



Note: it appears from the facts in Garcia-Jimenez, that the Ninth Circuit failed to follow Sinotes-Cruz.