INA section 240A(d)(1) provides, in pertinent part, that "any period of continuous residence or continuous physical presence in the United States shall be deemed to end when the alien . . . has committed an offense referred to in section 212(a)(2) that renders the alien inadmissible to the United States under section 212(a)(2) or removable from the United States under section 237(a)(2) or 237(a)(4)."  In this case, the respondent was convicted of a firearms offense, which is not a ground of inadmissibility but is one of the grounds of deportability contained within INA section 237(a)(2).

The Immigration and Naturalization Service argued that the reference in section 240A(d)(1) to section 237(a)(2) should be interpreted to apply the stop-time rule to crimes that constitute grounds of deportability under that section.  However, the BIA rejected this argument, finding that the plain language of the statute limits the stop-time rule to apply only to crimes "referred to in section 212(a)(2)," the criminal grounds of inadmissibility.  Accordingly, the BIA concluded that the respondent continued to accrue continuous residence after he committed a firearms offense and that he is eligible for cancellation of removal.  The respondent was represented by Lisa J. Palumbo of the Legal Assistance Foundation of Chicago.