Hoxquelin Gomez Heredia was convicted of an inadmissible offense in 1999, but he was not charged with inadmissibility until he returned from a trip abroad in 2015. He argued that the stop-time rule was not triggered until 2015, when he was actually deemed inadmissible by virtue of his travel. The Second Circuit disagreed.
"In short, when a non-citizen is rendered inadmissible—by a conviction, admission of the criminal conduct, or through some other means—the stop-time rule may make him ineligible for cancellation of removal, if, as of the date of his commission of the underlying offense, he had not yet resided in the United States continuously for seven years. To state it another way: as long as a qualifying offense later does render the non-citizen inadmissible under 8 U.S.C. § 1182(a)(2), the date of the commission of the offense governs the computation of a lawful permanent resident’s continuous residency in the United States. Accordingly, even if Gomez is correct that he was not rendered inadmissible until 2015—a position that we find dubious—his commission of the 1999 offense would still be the operative date for purposes of calculating his period of residency in the United States."
The full text of Gomez v. Sessions can be found here: