SINOTES-CRUZ v. GONZALES
The Ninth Circuit Court of Appeals today released an opinion in SINOTES-CRUZ v. GONZALES, No. 04-70745, an administrative appeal. The panel consisted of Alex Kozinski and William A. Fletcher, Circuit Judges, and H. Russel Holland, District Judge.
W. FLETCHER, Circuit Judge:
Petitioner Jose Joaquin Sinotes-Cruz petitions for review from an order of removal. We hold that the government has introduced sufficient evidence to carry its burden of proof that Sinotes-Cruz is removable. We also hold, based on INS v. St. Cyr, 533 U.S. 289 (2001), that the permanent stop-time rule of § 240A(d)(1) of the Immigration and Nationality Act (”INA”), 8 U.S.C. § 1229b(d)(1), may not be applied retroactively to prevent Sinotes-Cruz from fulfilling the seven-year continuous residence requirement of INA § 240A(a)(2), 8 U.S.C. § 1229b(a)(2), for cancellation of removal. Finally, we hold that Sinotes-Cruz does not need a waiver of deportation under INA § 212(c), 8 U.S.C. § 1182(c) (repealed 1996), in order to be eligible for cancellation of removal. Thus we do not reach the question whether Sinotes-Cruz may simultaneously apply for waiver of deportation under § 212(c) and for cancellation of removal under § 1229b(a). We therefore grant Sinotes-Cruz’s petition and remand for further proceedings consistent with this opinion. . . .