(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

JUVENILES - FAILURE TO IMPUTE PARENTS RESIDENCE TO MINOR FOR CANCELLATION PURPOSES
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).