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Nunez v. Att’y Gen.

3rd Circuit

May 26, 2022

The Third Circuit denied review of the Board of Immigration Appeals order that dismissed the petitioner’s appeal from an Immigration Judge’s determination that he is removable and ineligible for cancellation of removal. The petitioner made two unsuccessful claims: first, that his New Jersey state offense (third-degree endangering the welfare of a child) is not a “crime of child abuse” because it lacks the required particular likelihood of harm to a child; and, second, that the Board erred in sustaining pretermission of his motion for cancellation of removal because there was insufficient evidence that he committed the crime before accruing the necessary seven years of continuous residence.

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