Continuous Physical Presence for Cancellation of Removal - Recording (.MP3)

Continuous Physical Presence for Cancellation of Removal - Recording (.MP3)

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Recorded on 05/12/16
02:00 PM (ET)
CLE Eligible Yes
Length 90 min.
Format Audio Seminar
SKU AS2016-05-12-DL

The application of the stop-time rule and the calculation of a respondent’s continuous physical presence in the United States has been the source of litigation since INA §240A(d)(1) was implemented almost 20 years ago. In 2015, the Board of Immigration Appeals (BIA) published three opinions clarifying the application of the stop-time rule and the calculation of continuous physical presence. Our panel of experts will discuss the BIA’s interpretation of §240A(d)(1) as well as creative strategies for limiting its reach.

Featured Topics

  • Overview of Continuous Physical Presence and the Stop-Time Rule
  • Service of the NTA and the Stop-Time Rule: Matter of Ordaz-Gonzalez, Matter of Cisneros, Matter of Camarillo, and the Implications of Defective Service
  • Criminal Activity and the Stop-Time Rule
  • Termination of Continuous Physical Presence: Voluntary Departure, Voluntary Return, Withdrawal of Applications for Admission, and the Formality of Proceedings Doctrine

AILA has filed for MCLE and specialized credit in appropriate jurisdictions. To receive CLE credit, attorneys must record seminar attendance and the CLE code provided via webCLE. Eligible participants can receive up to 1.8 CLE credit hours.

The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: AR, IA, KS, MN, RI, and TN.

Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. Please view the OnDemand Downloadable and CD-Rom Expiration Chart for more details. Your jurisdiction may also limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, please visit the CLE Center. For more information on specific approvals, e-mail
Sabrina R. Damast (DL), Los Angeles, CA
Sabrina R. Damast is the principal attorney at the Law Office of Sabrina Damast in Los Angeles, CA. She represents clients in all forms of immigration cases, with a particular focus on appeals, asylum, waivers, and crimmigration issues. Ms. Damast has written articles published in Immigration Law Advisor, International Lawyer, International Law News, and Bender's Immigration Bulletin, among others. She frequently teaches immigration law CLEs for the Los Angeles County Bar Association and the National Lawyers Guild. She is currently a Congressional Advocacy Liaison for the AILA Southern California Chapter, a member of the AILA Pro Bono Committee, and an active member of the American Bar Association and the Los Angeles County Bar Association. Ms. Damast is a member of the New York State Bar and is admitted to the U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.

Kathleen C. Gasparian, New Orleans, LA
Kathleen C. Gasparian is the founder of Gasparian Immigration. She obtained her J.D. in 2002 from Loyola University, New Orleans. Ms. Gasparian is active in AILA having served as the chair and treasurer of the AILA Mid-South Chapter, and as the chair of the AILA EOIR Liaison Committee. She regularly serves as a speaker at both AILA and NAFSA conferences, and on other continuing legal education programs. Ms. Gasparian has authored and co-authored a number of articles on immigration including "An Immigration Primer for Primary and Secondary Schools" in The Admissions Review, and "Adjustment of Status for the Atypical Entrant" in Immigration Practice Pointers (2012-13 Ed.), published by AILA. She is proud to serve as a Regulatory Ombudsperson for Scholar Issues for NAFSA Region III, on the Board for the New Orleans Chapter of the Federal Bar Association, and as an adjunct professor of immigration law at Loyola University New Orleans.

William E. Graves Jr., Boston, MA
William E. Graves Jr. is a partner with the Boston firm of Graves & Doyle, an immigration and nationality law practice. Mr. Graves is a past co-chair of the Immigration Law Section of the Boston Bar Association. He is a frequent speaker on immigration and nationality issues, serves as an AILA Mentor, and is an adjunct law professor at Suffolk University Law School. He received his B.A. in English from New York University in 1985, and received his J.D. from The George Washington University in 1992. He served in the Peace Corps in the Democratic Republic of Congo (formerly Zaire) from 1985-88. He is admitted to practice in New York and Massachusetts and is also admitted to the U.S. Courts of Appeals for the First and Second Circuits. Mr. Graves speaks French and Swahili.