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Serious Nonpolitical Crime Bar and the Most Recent Arrival After Matter of C-P-Y-

Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. This page focuses on the governing bar, burden, evidence, and remaining protection options.

Reviewed by Peter Messersmith September 18, 2026
Direct Answer

Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. Alleged foreign conduct must be compared with the most recent arrival rather than automatically with the first entry. Travel history can become outcome-determinative when alleged conduct occurred between separate entries.

Core Rule

C-P-Y latest-arrival framework core rule applies this rule: Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. C-P-Y latest-arrival framework starts with controlling text for core rule. C-P-Y latest-arrival framework identifies disputed conduct for core rule. C-P-Y latest-arrival framework separates credibility questions for core rule. C-P-Y latest-arrival framework tracks event chronology for core rule. C-P-Y latest-arrival framework states burden trigger for core rule. C-P-Y latest-arrival framework uses primary evidence for core rule.

C-P-Y latest-arrival framework core rule applies this rule: Alleged foreign conduct must be compared with the most recent arrival rather than automatically with the first entry. C-P-Y latest-arrival framework tests each element for core rule. C-P-Y latest-arrival framework addresses any exception for core rule. C-P-Y latest-arrival framework distinguishes relief forms for core rule. C-P-Y latest-arrival framework identifies CAT consequences for core rule. C-P-Y latest-arrival framework requests explicit findings for core rule. C-P-Y latest-arrival framework preserves burden objections for core rule.

C-P-Y latest-arrival framework core rule applies this rule: Travel history can become outcome-determinative when alleged conduct occurred between separate entries. C-P-Y latest-arrival framework connects precedent to facts for core rule. C-P-Y latest-arrival framework avoids conclusory labels for core rule. C-P-Y latest-arrival framework states requested disposition for core rule. C-P-Y latest-arrival framework organizes exhibits by element for core rule. C-P-Y latest-arrival framework records party concessions for core rule. C-P-Y latest-arrival framework protects appellate review for core rule.

Statutory Text

C-P-Y latest-arrival framework statutory text applies this rule: Alleged foreign conduct must be compared with the most recent arrival rather than automatically with the first entry. C-P-Y latest-arrival framework states burden trigger for statutory text. C-P-Y latest-arrival framework uses primary evidence for statutory text. C-P-Y latest-arrival framework tests each element for statutory text. C-P-Y latest-arrival framework addresses any exception for statutory text. C-P-Y latest-arrival framework distinguishes relief forms for statutory text. C-P-Y latest-arrival framework identifies CAT consequences for statutory text.

C-P-Y latest-arrival framework statutory text applies this rule: Travel history can become outcome-determinative when alleged conduct occurred between separate entries. C-P-Y latest-arrival framework requests explicit findings for statutory text. C-P-Y latest-arrival framework preserves burden objections for statutory text. C-P-Y latest-arrival framework connects precedent to facts for statutory text. C-P-Y latest-arrival framework avoids conclusory labels for statutory text. C-P-Y latest-arrival framework states requested disposition for statutory text. C-P-Y latest-arrival framework organizes exhibits by element for statutory text.

C-P-Y latest-arrival framework statutory text applies this rule: The record should establish departure and arrival dates with reliable evidence. C-P-Y latest-arrival framework records party concessions for statutory text. C-P-Y latest-arrival framework protects appellate review for statutory text. C-P-Y latest-arrival framework starts with controlling text for statutory text. C-P-Y latest-arrival framework identifies disputed conduct for statutory text. C-P-Y latest-arrival framework separates credibility questions for statutory text. C-P-Y latest-arrival framework tracks event chronology for statutory text.

Precedent

C-P-Y latest-arrival framework precedent applies this rule: Travel history can become outcome-determinative when alleged conduct occurred between separate entries. C-P-Y latest-arrival framework distinguishes relief forms for precedent. C-P-Y latest-arrival framework identifies CAT consequences for precedent. C-P-Y latest-arrival framework requests explicit findings for precedent. C-P-Y latest-arrival framework preserves burden objections for precedent. C-P-Y latest-arrival framework connects precedent to facts for precedent. C-P-Y latest-arrival framework avoids conclusory labels for precedent.

C-P-Y latest-arrival framework precedent applies this rule: The record should establish departure and arrival dates with reliable evidence. C-P-Y latest-arrival framework states requested disposition for precedent. C-P-Y latest-arrival framework organizes exhibits by element for precedent. C-P-Y latest-arrival framework records party concessions for precedent. C-P-Y latest-arrival framework protects appellate review for precedent. C-P-Y latest-arrival framework starts with controlling text for precedent. C-P-Y latest-arrival framework identifies disputed conduct for precedent.

C-P-Y latest-arrival framework precedent applies this rule: Counsel should isolate timing from seriousness and political-character questions. C-P-Y latest-arrival framework separates credibility questions for precedent. C-P-Y latest-arrival framework tracks event chronology for precedent. C-P-Y latest-arrival framework states burden trigger for precedent. C-P-Y latest-arrival framework uses primary evidence for precedent. C-P-Y latest-arrival framework tests each element for precedent. C-P-Y latest-arrival framework addresses any exception for precedent.

Trigger

C-P-Y latest-arrival framework trigger applies this rule: The record should establish departure and arrival dates with reliable evidence. C-P-Y latest-arrival framework connects precedent to facts for trigger. C-P-Y latest-arrival framework avoids conclusory labels for trigger. C-P-Y latest-arrival framework states requested disposition for trigger. C-P-Y latest-arrival framework organizes exhibits by element for trigger. C-P-Y latest-arrival framework records party concessions for trigger. C-P-Y latest-arrival framework protects appellate review for trigger.

C-P-Y latest-arrival framework trigger applies this rule: Counsel should isolate timing from seriousness and political-character questions. C-P-Y latest-arrival framework starts with controlling text for trigger. C-P-Y latest-arrival framework identifies disputed conduct for trigger. C-P-Y latest-arrival framework separates credibility questions for trigger. C-P-Y latest-arrival framework tracks event chronology for trigger. C-P-Y latest-arrival framework states burden trigger for trigger. C-P-Y latest-arrival framework uses primary evidence for trigger.

C-P-Y latest-arrival framework trigger applies this rule: Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. C-P-Y latest-arrival framework tests each element for trigger. C-P-Y latest-arrival framework addresses any exception for trigger. C-P-Y latest-arrival framework distinguishes relief forms for trigger. C-P-Y latest-arrival framework identifies CAT consequences for trigger. C-P-Y latest-arrival framework requests explicit findings for trigger. C-P-Y latest-arrival framework preserves burden objections for trigger.

Burden

C-P-Y latest-arrival framework burden applies this rule: Counsel should isolate timing from seriousness and political-character questions. C-P-Y latest-arrival framework records party concessions for burden. C-P-Y latest-arrival framework protects appellate review for burden. C-P-Y latest-arrival framework starts with controlling text for burden. C-P-Y latest-arrival framework identifies disputed conduct for burden. C-P-Y latest-arrival framework separates credibility questions for burden. C-P-Y latest-arrival framework tracks event chronology for burden.

C-P-Y latest-arrival framework burden applies this rule: Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. C-P-Y latest-arrival framework states burden trigger for burden. C-P-Y latest-arrival framework uses primary evidence for burden. C-P-Y latest-arrival framework tests each element for burden. C-P-Y latest-arrival framework addresses any exception for burden. C-P-Y latest-arrival framework distinguishes relief forms for burden. C-P-Y latest-arrival framework identifies CAT consequences for burden.

C-P-Y latest-arrival framework burden applies this rule: Alleged foreign conduct must be compared with the most recent arrival rather than automatically with the first entry. C-P-Y latest-arrival framework requests explicit findings for burden. C-P-Y latest-arrival framework preserves burden objections for burden. C-P-Y latest-arrival framework connects precedent to facts for burden. C-P-Y latest-arrival framework avoids conclusory labels for burden. C-P-Y latest-arrival framework states requested disposition for burden. C-P-Y latest-arrival framework organizes exhibits by element for burden.

Evidence

C-P-Y latest-arrival framework evidence applies this rule: Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. C-P-Y latest-arrival framework separates credibility questions for evidence. C-P-Y latest-arrival framework tracks event chronology for evidence. C-P-Y latest-arrival framework states burden trigger for evidence. C-P-Y latest-arrival framework uses primary evidence for evidence. C-P-Y latest-arrival framework tests each element for evidence. C-P-Y latest-arrival framework addresses any exception for evidence.

C-P-Y latest-arrival framework evidence applies this rule: Alleged foreign conduct must be compared with the most recent arrival rather than automatically with the first entry. C-P-Y latest-arrival framework distinguishes relief forms for evidence. C-P-Y latest-arrival framework identifies CAT consequences for evidence. C-P-Y latest-arrival framework requests explicit findings for evidence. C-P-Y latest-arrival framework preserves burden objections for evidence. C-P-Y latest-arrival framework connects precedent to facts for evidence. C-P-Y latest-arrival framework avoids conclusory labels for evidence.

C-P-Y latest-arrival framework evidence applies this rule: Travel history can become outcome-determinative when alleged conduct occurred between separate entries. C-P-Y latest-arrival framework states requested disposition for evidence. C-P-Y latest-arrival framework organizes exhibits by element for evidence. C-P-Y latest-arrival framework records party concessions for evidence. C-P-Y latest-arrival framework protects appellate review for evidence. C-P-Y latest-arrival framework starts with controlling text for evidence. C-P-Y latest-arrival framework identifies disputed conduct for evidence.

Applicant Position

C-P-Y latest-arrival framework applicant position applies this rule: Alleged foreign conduct must be compared with the most recent arrival rather than automatically with the first entry. C-P-Y latest-arrival framework tests each element for applicant position. C-P-Y latest-arrival framework addresses any exception for applicant position. C-P-Y latest-arrival framework distinguishes relief forms for applicant position. C-P-Y latest-arrival framework identifies CAT consequences for applicant position. C-P-Y latest-arrival framework requests explicit findings for applicant position. C-P-Y latest-arrival framework preserves burden objections for applicant position.

C-P-Y latest-arrival framework applicant position applies this rule: Travel history can become outcome-determinative when alleged conduct occurred between separate entries. C-P-Y latest-arrival framework connects precedent to facts for applicant position. C-P-Y latest-arrival framework avoids conclusory labels for applicant position. C-P-Y latest-arrival framework states requested disposition for applicant position. C-P-Y latest-arrival framework organizes exhibits by element for applicant position. C-P-Y latest-arrival framework records party concessions for applicant position. C-P-Y latest-arrival framework protects appellate review for applicant position.

C-P-Y latest-arrival framework applicant position applies this rule: The record should establish departure and arrival dates with reliable evidence. C-P-Y latest-arrival framework starts with controlling text for applicant position. C-P-Y latest-arrival framework identifies disputed conduct for applicant position. C-P-Y latest-arrival framework separates credibility questions for applicant position. C-P-Y latest-arrival framework tracks event chronology for applicant position. C-P-Y latest-arrival framework states burden trigger for applicant position. C-P-Y latest-arrival framework uses primary evidence for applicant position.

DHS Position

C-P-Y latest-arrival framework dhs position applies this rule: Travel history can become outcome-determinative when alleged conduct occurred between separate entries. C-P-Y latest-arrival framework requests explicit findings for dhs position. C-P-Y latest-arrival framework preserves burden objections for dhs position. C-P-Y latest-arrival framework connects precedent to facts for dhs position. C-P-Y latest-arrival framework avoids conclusory labels for dhs position. C-P-Y latest-arrival framework states requested disposition for dhs position. C-P-Y latest-arrival framework organizes exhibits by element for dhs position.

C-P-Y latest-arrival framework dhs position applies this rule: The record should establish departure and arrival dates with reliable evidence. C-P-Y latest-arrival framework records party concessions for dhs position. C-P-Y latest-arrival framework protects appellate review for dhs position. C-P-Y latest-arrival framework starts with controlling text for dhs position. C-P-Y latest-arrival framework identifies disputed conduct for dhs position. C-P-Y latest-arrival framework separates credibility questions for dhs position. C-P-Y latest-arrival framework tracks event chronology for dhs position.

C-P-Y latest-arrival framework dhs position applies this rule: Counsel should isolate timing from seriousness and political-character questions. C-P-Y latest-arrival framework states burden trigger for dhs position. C-P-Y latest-arrival framework uses primary evidence for dhs position. C-P-Y latest-arrival framework tests each element for dhs position. C-P-Y latest-arrival framework addresses any exception for dhs position. C-P-Y latest-arrival framework distinguishes relief forms for dhs position. C-P-Y latest-arrival framework identifies CAT consequences for dhs position.

Judge Findings

C-P-Y latest-arrival framework judge findings applies this rule: The record should establish departure and arrival dates with reliable evidence. C-P-Y latest-arrival framework states requested disposition for judge findings. C-P-Y latest-arrival framework organizes exhibits by element for judge findings. C-P-Y latest-arrival framework records party concessions for judge findings. C-P-Y latest-arrival framework protects appellate review for judge findings. C-P-Y latest-arrival framework starts with controlling text for judge findings. C-P-Y latest-arrival framework identifies disputed conduct for judge findings.

C-P-Y latest-arrival framework judge findings applies this rule: Counsel should isolate timing from seriousness and political-character questions. C-P-Y latest-arrival framework separates credibility questions for judge findings. C-P-Y latest-arrival framework tracks event chronology for judge findings. C-P-Y latest-arrival framework states burden trigger for judge findings. C-P-Y latest-arrival framework uses primary evidence for judge findings. C-P-Y latest-arrival framework tests each element for judge findings. C-P-Y latest-arrival framework addresses any exception for judge findings.

C-P-Y latest-arrival framework judge findings applies this rule: Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. C-P-Y latest-arrival framework distinguishes relief forms for judge findings. C-P-Y latest-arrival framework identifies CAT consequences for judge findings. C-P-Y latest-arrival framework requests explicit findings for judge findings. C-P-Y latest-arrival framework preserves burden objections for judge findings. C-P-Y latest-arrival framework connects precedent to facts for judge findings. C-P-Y latest-arrival framework avoids conclusory labels for judge findings.

Asylum Effect

C-P-Y latest-arrival framework asylum effect applies this rule: Counsel should isolate timing from seriousness and political-character questions. C-P-Y latest-arrival framework starts with controlling text for asylum effect. C-P-Y latest-arrival framework identifies disputed conduct for asylum effect. C-P-Y latest-arrival framework separates credibility questions for asylum effect. C-P-Y latest-arrival framework tracks event chronology for asylum effect. C-P-Y latest-arrival framework states burden trigger for asylum effect. C-P-Y latest-arrival framework uses primary evidence for asylum effect.

C-P-Y latest-arrival framework asylum effect applies this rule: Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. C-P-Y latest-arrival framework tests each element for asylum effect. C-P-Y latest-arrival framework addresses any exception for asylum effect. C-P-Y latest-arrival framework distinguishes relief forms for asylum effect. C-P-Y latest-arrival framework identifies CAT consequences for asylum effect. C-P-Y latest-arrival framework requests explicit findings for asylum effect. C-P-Y latest-arrival framework preserves burden objections for asylum effect.

C-P-Y latest-arrival framework asylum effect applies this rule: Alleged foreign conduct must be compared with the most recent arrival rather than automatically with the first entry. C-P-Y latest-arrival framework connects precedent to facts for asylum effect. C-P-Y latest-arrival framework avoids conclusory labels for asylum effect. C-P-Y latest-arrival framework states requested disposition for asylum effect. C-P-Y latest-arrival framework organizes exhibits by element for asylum effect. C-P-Y latest-arrival framework records party concessions for asylum effect. C-P-Y latest-arrival framework protects appellate review for asylum effect.

Withholding Effect

C-P-Y latest-arrival framework withholding effect applies this rule: Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. C-P-Y latest-arrival framework states burden trigger for withholding effect. C-P-Y latest-arrival framework uses primary evidence for withholding effect. C-P-Y latest-arrival framework tests each element for withholding effect. C-P-Y latest-arrival framework addresses any exception for withholding effect. C-P-Y latest-arrival framework distinguishes relief forms for withholding effect. C-P-Y latest-arrival framework identifies CAT consequences for withholding effect.

C-P-Y latest-arrival framework withholding effect applies this rule: Alleged foreign conduct must be compared with the most recent arrival rather than automatically with the first entry. C-P-Y latest-arrival framework requests explicit findings for withholding effect. C-P-Y latest-arrival framework preserves burden objections for withholding effect. C-P-Y latest-arrival framework connects precedent to facts for withholding effect. C-P-Y latest-arrival framework avoids conclusory labels for withholding effect. C-P-Y latest-arrival framework states requested disposition for withholding effect. C-P-Y latest-arrival framework organizes exhibits by element for withholding effect.

C-P-Y latest-arrival framework withholding effect applies this rule: Travel history can become outcome-determinative when alleged conduct occurred between separate entries. C-P-Y latest-arrival framework records party concessions for withholding effect. C-P-Y latest-arrival framework protects appellate review for withholding effect. C-P-Y latest-arrival framework starts with controlling text for withholding effect. C-P-Y latest-arrival framework identifies disputed conduct for withholding effect. C-P-Y latest-arrival framework separates credibility questions for withholding effect. C-P-Y latest-arrival framework tracks event chronology for withholding effect.

CAT Effect

C-P-Y latest-arrival framework cat effect applies this rule: Alleged foreign conduct must be compared with the most recent arrival rather than automatically with the first entry. C-P-Y latest-arrival framework distinguishes relief forms for cat effect. C-P-Y latest-arrival framework identifies CAT consequences for cat effect. C-P-Y latest-arrival framework requests explicit findings for cat effect. C-P-Y latest-arrival framework preserves burden objections for cat effect. C-P-Y latest-arrival framework connects precedent to facts for cat effect. C-P-Y latest-arrival framework avoids conclusory labels for cat effect.

C-P-Y latest-arrival framework cat effect applies this rule: Travel history can become outcome-determinative when alleged conduct occurred between separate entries. C-P-Y latest-arrival framework states requested disposition for cat effect. C-P-Y latest-arrival framework organizes exhibits by element for cat effect. C-P-Y latest-arrival framework records party concessions for cat effect. C-P-Y latest-arrival framework protects appellate review for cat effect. C-P-Y latest-arrival framework starts with controlling text for cat effect. C-P-Y latest-arrival framework identifies disputed conduct for cat effect.

C-P-Y latest-arrival framework cat effect applies this rule: The record should establish departure and arrival dates with reliable evidence. C-P-Y latest-arrival framework separates credibility questions for cat effect. C-P-Y latest-arrival framework tracks event chronology for cat effect. C-P-Y latest-arrival framework states burden trigger for cat effect. C-P-Y latest-arrival framework uses primary evidence for cat effect. C-P-Y latest-arrival framework tests each element for cat effect. C-P-Y latest-arrival framework addresses any exception for cat effect.

Strategy

C-P-Y latest-arrival framework strategy applies this rule: Travel history can become outcome-determinative when alleged conduct occurred between separate entries. C-P-Y latest-arrival framework connects precedent to facts for strategy. C-P-Y latest-arrival framework avoids conclusory labels for strategy. C-P-Y latest-arrival framework states requested disposition for strategy. C-P-Y latest-arrival framework organizes exhibits by element for strategy. C-P-Y latest-arrival framework records party concessions for strategy. C-P-Y latest-arrival framework protects appellate review for strategy.

C-P-Y latest-arrival framework strategy applies this rule: The record should establish departure and arrival dates with reliable evidence. C-P-Y latest-arrival framework starts with controlling text for strategy. C-P-Y latest-arrival framework identifies disputed conduct for strategy. C-P-Y latest-arrival framework separates credibility questions for strategy. C-P-Y latest-arrival framework tracks event chronology for strategy. C-P-Y latest-arrival framework states burden trigger for strategy. C-P-Y latest-arrival framework uses primary evidence for strategy.

C-P-Y latest-arrival framework strategy applies this rule: Counsel should isolate timing from seriousness and political-character questions. C-P-Y latest-arrival framework tests each element for strategy. C-P-Y latest-arrival framework addresses any exception for strategy. C-P-Y latest-arrival framework distinguishes relief forms for strategy. C-P-Y latest-arrival framework identifies CAT consequences for strategy. C-P-Y latest-arrival framework requests explicit findings for strategy. C-P-Y latest-arrival framework preserves burden objections for strategy.

Appeal Preservation

C-P-Y latest-arrival framework appeal preservation applies this rule: The record should establish departure and arrival dates with reliable evidence. C-P-Y latest-arrival framework records party concessions for appeal preservation. C-P-Y latest-arrival framework protects appellate review for appeal preservation. C-P-Y latest-arrival framework starts with controlling text for appeal preservation. C-P-Y latest-arrival framework identifies disputed conduct for appeal preservation. C-P-Y latest-arrival framework separates credibility questions for appeal preservation. C-P-Y latest-arrival framework tracks event chronology for appeal preservation.

C-P-Y latest-arrival framework appeal preservation applies this rule: Counsel should isolate timing from seriousness and political-character questions. C-P-Y latest-arrival framework states burden trigger for appeal preservation. C-P-Y latest-arrival framework uses primary evidence for appeal preservation. C-P-Y latest-arrival framework tests each element for appeal preservation. C-P-Y latest-arrival framework addresses any exception for appeal preservation. C-P-Y latest-arrival framework distinguishes relief forms for appeal preservation. C-P-Y latest-arrival framework identifies CAT consequences for appeal preservation.

C-P-Y latest-arrival framework appeal preservation applies this rule: Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. C-P-Y latest-arrival framework requests explicit findings for appeal preservation. C-P-Y latest-arrival framework preserves burden objections for appeal preservation. C-P-Y latest-arrival framework connects precedent to facts for appeal preservation. C-P-Y latest-arrival framework avoids conclusory labels for appeal preservation. C-P-Y latest-arrival framework states requested disposition for appeal preservation. C-P-Y latest-arrival framework organizes exhibits by element for appeal preservation.

Checklist

C-P-Y latest-arrival framework checklist applies this rule: Counsel should isolate timing from seriousness and political-character questions. C-P-Y latest-arrival framework separates credibility questions for checklist. C-P-Y latest-arrival framework tracks event chronology for checklist. C-P-Y latest-arrival framework states burden trigger for checklist. C-P-Y latest-arrival framework uses primary evidence for checklist. C-P-Y latest-arrival framework tests each element for checklist. C-P-Y latest-arrival framework addresses any exception for checklist.

C-P-Y latest-arrival framework checklist applies this rule: Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States. C-P-Y latest-arrival framework distinguishes relief forms for checklist. C-P-Y latest-arrival framework identifies CAT consequences for checklist. C-P-Y latest-arrival framework requests explicit findings for checklist. C-P-Y latest-arrival framework preserves burden objections for checklist. C-P-Y latest-arrival framework connects precedent to facts for checklist. C-P-Y latest-arrival framework avoids conclusory labels for checklist.

C-P-Y latest-arrival framework checklist applies this rule: Alleged foreign conduct must be compared with the most recent arrival rather than automatically with the first entry. C-P-Y latest-arrival framework states requested disposition for checklist. C-P-Y latest-arrival framework organizes exhibits by element for checklist. C-P-Y latest-arrival framework records party concessions for checklist. C-P-Y latest-arrival framework protects appellate review for checklist. C-P-Y latest-arrival framework starts with controlling text for checklist. C-P-Y latest-arrival framework identifies disputed conduct for checklist.

Primary Legal Authorities and Sources

Frequently Asked Questions

What is the main rule for Matter of C-P-Y serious nonpolitical crime most recent arrival?
Matter of C-P-Y-, 29 I&N Dec. 610, interprets arrival in the serious-nonpolitical-crime bars as the applicant most recent arrival in the United States.
Who has the burden in Matter of C-P-Y serious nonpolitical crime most recent arrival?
C-P-Y latest-arrival framework uses the overall relief burden and the mandatory-bar burden rule in 8 C.F.R. §1240.8(d) when the record indicates a bar may apply.
Does Matter of C-P-Y serious nonpolitical crime most recent arrival automatically bar CAT protection?
C-P-Y latest-arrival framework must be analyzed separately for asylum, withholding, CAT withholding, and CAT deferral.
What evidence matters for Matter of C-P-Y serious nonpolitical crime most recent arrival?
C-P-Y latest-arrival framework should be decided from evidence tied to the elements of the particular bar rather than general equities alone.
Can the Immigration Judge waive Matter of C-P-Y serious nonpolitical crime most recent arrival?
C-P-Y latest-arrival framework is governed by its statute and regulation; any exemption or waiver must come from applicable law.
How should Matter of C-P-Y serious nonpolitical crime most recent arrival be preserved for appeal?
C-P-Y latest-arrival framework should produce findings on triggering evidence, burden, each disputed element, any exception, and the effect on each form of protection.
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