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G-D-M

BIAJuly 1, 2009No. ID 3655Cited 16 times
Defendant WinG-D-M

Case Details

Status
Published
Procedural Posture
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Board of Immigration Appeals affirmed the Immigration Judge's decision that the respondent was removable as a nonimmigrant who overstayed and was ineligible for cancellation of removal because he entered the United States as a crewman on a C-1/D visa.

Excerpt

G-D-M-, 25 I&N Dec. 82 (BIA 2009) ID 3655 (PDF) An alien who entered the United States pursuant to a crewman's visa for the purpose of obtaining employment as a crewman is statutorily ineligible for cancellation of removal under section 240A(c)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(c)(1) (2006). Matter of Goncalves, 10 I&N Dec. 277 (BIA 1963), followed.

What This Ruling Means

**What Happened:** A foreign worker came to the United States on a special visa called a "crewman's visa" (C-1/D), which is designed for people who work on ships or aircraft. This type of visa allows someone to enter the U.S. temporarily while working as crew. However, this person stayed in the country longer than their visa allowed and was facing removal (deportation). They asked the immigration court to cancel their removal and let them stay permanently in the U.S. **What the Court Decided:** The Board of Immigration Appeals ruled against the worker. The court said that people who originally entered the U.S. on crewman visas are not legally eligible to have their removal cancelled, even if they meet other requirements. The court followed an earlier 1963 decision that established this rule and affirmed that the worker had to be removed from the country. **Why This Matters for Workers:** This ruling is important for foreign workers in the maritime and aviation industries. It means that if you enter the U.S. on a crewman's visa and overstay, you cannot apply for cancellation of removal to become a permanent resident, regardless of how long you've been here or other circumstances. Workers on these visas need to be especially careful about following visa terms and exploring other legal immigration options before their authorized stay expires.

This summary was generated to explain the ruling in plain English and is not legal advice.

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