Erik Mendoza-Olivas, A044 547 316 (BIA Feb. 26, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) reversed a decision denying the respondent’s application for cancellation of removal under INA 240A(a) for failure to have accrued seven years of continuous residence. The Board found that the respondent’s admission to having possessed cocaine was not sufficient to trigger the “stop-time” because the admission was not valid under Matter of K-, 7 I&N Dec. 594 (BIA 1957), which requires respondents to be given an adequate definition of the crime in understandable terms. The decision was written by Member Linda Wendtland and joined by Member Roger Pauley. Member Patricia Cole concurred in the decision. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index