Continuous Physical Presence for Cancellation of Removal

  • 2:00 PM - 3:30 PM
  • Eastern Time (US & Canada)
  • By: American Immigration Lawyers Association
  • This event takes place telephonically.
  • Source: Immigration Advocates Network > IAN Nonprofit Resource Center
  • Immigration

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


  • 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.

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  • CLE Credit Comments: AILA will administer CLE credit to individuals who register for and dial in to the seminar only. AILA cannot verify your attendance and participation in this program unless you register directly for the seminar and use your own telephone line to participate in the call. Therefore, persons who listen in on the call as part of a group will not be able to obtain CLE credit.