Criminal Defense of Immigrants


§ 12.37 (D)

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(D)  Three and Ten-Year Bars.  Under the unlawful presence ground of inadmissibility,[265] the key to triggering the three-year and 10-year bars is (1) unlawful presence, for a certain period of time, and (2) the person must then leave the United States.  There is one exception, for noncitizens under 18 yrs of age.  If a person entered without inspection after April 1, 1997 when 16 years of age, and then left the United States when 17 1/2 years old, and made the last entry when 18 years old, the person has not triggered any bars because s/he was a minor for the purpose of the unlawful presence and exit elements of the ground of inadmissibility. On the other hand, the permanent bar statute makes no express exception for juveniles.[266]  The Portland DHS office and perhaps most of the country has taken the position that the Oregon juvenile exception also applies to the INA § 212(a)(9)(C) ground of inadmissibility, even though the juvenile exception is not expressly in this statute.


[265] INA § 212(a)(9)(B), 8 U.S.C. § 1182(a)(9)(B).

[266] INA § 212(a)(9)(C), 8 U.S.C. § 1182(a)(9)(C).



Third Circuit

Augustin v. Attorney General, 520 F.3d 264 (3d Cir. Mar. 20, 2008) (BIA did not err in refusing to impute to a noncitizen who entered the United States as a minor the parent's years of continuous residence in order to meet the seven-year requirement for cancellation of removal), declining to follow Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005) (parent's preceding years of residence in the United States are imputed to a minor child in application for cancellation of removal) , and distinguishing Morel v. INS, 90 F.3d 833 (3d Cir. 1996), vacated on other grounds, 144 F.3d 248 (3d Cir. 1998) (imputing presence in INA 212(c) context).