Matter of Avilez-Nava, 23 I. & N. Dec. 729 (BIA Aug. 10, 2005) (brief departure of undocumented noncitizen does not stop-time for purposes of non-LPR cancellation unless, during that attempted reentry, noncitizen was formally excluded or made subject to an order of expedited removal, was offered and accepted the opportunity to withdraw an application for admission, or was subjected to some other formal, documented process pursuant to which noncitizen was determined to be inadmissible to the United States).
jurisdiction:
BIA