On August 5, 2014, the Board of Immigration Appeals (BIA) found that the three-year time frame during which a special rule cancellation of removal applicant must show good moral character under INA § 240A(b)(2)(A)(iii) is a continuing period, allowing one to accrue continuous physical presence prior to a final order and that the period is counted backwards from the date of such an order. Thus, the BIA held, false testimony by a respondent given more than three years prior to the entry of a final administrative decision cannot bar a showing of good moral character where the applicant had not previously been granted special rule cancellation and had proven significant positive equities. The BIA designated this previously unpublished decision as a precedent. Matter of M-L-M-A, 26. I. & N. Dec. 360 (BIA 2014).
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