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Original Date Announced
October 25, 2019AG Barr rules that, if an individual has two or more DUI convictions, it creates a presumption that that person lacks the requisite good moral character (GMC) for non-LPR cancellation of removal. The AG also opined that rehabilitation efforts, standing alone, do not overcome that presumption. In dicta, Barr indicated that this presumption should be extended to adjustment of status as well.
[ID #221]
Matter of Castillo-Perez, 27 I&N Dec. 664 (AG 2019)Effective Date
October 25, 2019Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: AdjudicationSubject Matter: Hearings and AdjudicationsAssociated or Derivative Policies
Pre Trump-Era Policies
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Under INA § 240A(b)(1), 8 U.S.C. § 1229b(b)(1), noncitizens are eligible for cancellation of removal if they meet the “good moral character” requirement, among other requirements).
8 USC § 1229b(b)
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Matter of Castillo-Perez, 27 I&N Dec. 664 (AG 2019)
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Prior Policy
Original Source:
8 USC § 1229b(b)
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Other
Original Source:
Matter of Castillo-Perez, 27 I&N Dec. 495 (AG 2018)