Padilla-Romero v. Holder (pub)
Petitioner in removal proceedings who at one time was an LPR and held that status for at least five years but who has since lost that status is ineligible for cancellation of removal under § 1229b(a). Under the natural reading, the text requires that an applicant applying for cancellation of removal under § 1229b(a) have current LPR status. The definition of “lawfully admitted for permanent residence,” which requires that the petitioner’s status “not hav[e] changed,” provides strong support for this reading. An interpretation of § 1229b(a)(1) that allowed those who are no longer LPRs to obtain cancellation of removal would be counter to Congress’s intent, as expressed in § 1101(a)(20), that one may lose the benefits of LPR status. The caption to § 1229b(a), “Cancellation of removal for certain permanent residents” also suggests a requirement that the alien have current status as an LPR.
http://www.ca9.uscourts.gov/datastore/opinions/2010/07/09/07-72492.pdf
newimmigrationcases
