Matter of Castrejon-Colino, 26 I. & N. Dec. 667 (BIA 2015) (where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the aliens continuous physical presence for purposes of cancellation of removal under INA 240A(b)(1)(A), 8 U.S.C. 1229b(b)(1)(A) (2012), in the absence of evidence that he or she was informed of and waived the right to such a hearing; although the taking of photographs and fingerprints in conjunction with a voluntary return may be part of a formal, documented process, it is insufficient to meet the requirements of Matter of Avilez without any evidence that it was associated with a legally enforced refusal of admission and return); clarifying Matter of Avilez, 23 I&N Dec. 799 (BIA 2005).
CD4:24.6;AF:2.6;CMT3:3.6
RELIEF " LPR CANCELLATION OF REMOVAL " CONTINUOUS PRESENCE "VOLUNTARY RETURN
Matter of Garcia Ramirez, 26 I&N Dec. 674 (BIA 2015) (where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the aliens continuous physical presence for purposes of cancellation of removal under INA 240A(b)(1)(A), 8 U.S.C. 1229b(b)(1)(A) (2012), in the absence of evidence that he or she was informed of and waived the right to such a hearing); clarifying Matter of Avilez, 23 I&N Dec. 799 (BIA 2005).