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

  1. Date Announced

    Oct. 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]

    View Policy Document
  2. Effective Date of Change

    Oct. 25, 2019
Status: Final/Actual
Type of Action: Adjudication
Subject Matter: Hearings and Adjudications
Agencies Affected: AG EOIR

Prior 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)

Other Documents

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