BIA Rules that Rollback Provision Applies
The Board of Immigration Appeals (BIA) ruled earlier this week in Matter of Carrillo, 25 I&N Dec. 99 BIA (2009), that in determining whether an alien whose status was adjusted to lawful permanent residence pursuant to Section 1 of the Cuban Adjustment Act (CAA), is deportable as an alien who has been convicted of a crime involving moral turpitude committed within 5 years after the alien’s date of admission.
Under the CAA, an alien’s date of admission is calculated using its “rollback” provision instead of the date lawful permanent resident status based on the CAA was granted.
The BIA ruled that Mr. Carrillo’s date of admission for lawful permanent residence under the CAA was in fact over 5 years before he committed his crimes and was found not to have been deportable as charged. Consequently, the BIA terminated his deportation proceedings.
