Jeudy v. Holder

Bd. erred in finding that alien had not accrued seven years of continuous residence in U.S. that was required to support alien’s request for cancellation of removal under 8 USC section 1229b(a), after finding that “stop-time” rule under section 1229b(d)(1), which took effect in 1997, could be applied retroactively to cut off alien’s period of continuous presence as of date of alien’s 1995 drug conviction. Stop-time rule could not be applied retroactively, where Congress did not provide any clear statement of retroactive intent, and alien was eligible to seek cancellation of removal where: (1) his 1995 drug conviction did not stop time for his continuous residence in U.S. as of time of said conviction, and (2) alien had accrued seven years of continuous residence at some point in 1996, which was prior to 1997 effective date of stop-time rule.