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AG Barr issues Matter of Castillo-Perez, ruling that 2+ DUIs creates presumption of ineligibility for cancellation of removal

  1. Original Date Announced

    October 25, 2019

    AG 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)
  2. Effective Date

    October 25, 2019

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Adjudication
Subject Matter: Hearings and Adjudications
Agencies Affected: AG EOIR

Pre Trump-Era Policies

  • 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)

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