Tuesday, November 17, 2009

Effect of an Order of Supervision pursuant to 8 CFR 241.5 on Unlawful Presence

Aliens Unlawfully Present after Previous Immigration Violations [Chapter 40.9 added May 6, 2009]  40.9 Section 212(a)(9) of the Act 

AFM memo ULP; InfoNet 09051468; pdf page 46:
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(6) Effect of an Order of Supervision pursuant to 8 CFR 241.5 on Unlawful Presence

Unless protected by some other provision included in this AFM chapter, an alien present in an unlawful status continues to accrue unlawful presence despite the fact that the alien is subject to an order of supervision under 8 CFR 241.5.
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Argue Pearson (3/3/00) tolling memo; InfoNet 00030774: 

(3) Period of Stay Authorized by the Attorney General. The Service has also designated the following as periods of stay authorized by the Attorney General:
...
Grants of withholding or suspension of deportation, or cancellation of removal;

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