Castillo Family granted relief under 240(b) 1
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Judge Jonathan Pelletier, Executive Office of Immigration Review granted Cancellation of Removal to the Castillo family on March 2, 2009, at trial.
The major issue for the defense was whether the family's use of the IRS "earned income credit" or "EIC" was a bar to relief. At he heart of that issue was whether the family were considered residents pursuant to the tax code even though they were not residents pursuant to the INA.
Bingham at Law relied on the testimony of its' accounting expert, William Kellum of Birmingham Al, who testified that residency was established under the tax code puruant to a substantial presence test. Therefore the Castillo's use of the EIC was appropriate. See attached Orders below
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