Yang is from China. He has been an LPR since he arrived here in 1989, after the relative petition his brother filed for him was approved. Recently, Yang was diagnosed with bipolar disorder and placed on medications. However, he would not take them regularly because he complained they made him drowsy. On January 1, 2012, Yang was in a local grocery store when he started yelling at one of the customers, accusing him of being the devil. When the customer tried to move away, Yang lunged at him and began to strangle him violently with his hands, causing the customer to choke. Eventually Yang was wrestled off and the police came to arrest him. He was charged with assault and sentenced to 364 days in prison with five years' probation. Following completion of his sentence, Yang traveled to visit his family in China. On his return two weeks later, he was questioned about his conviction and placed into removal proceedings by CBP.

1. Would Yang be eligible for LPR cancellation, or will the "stop-time" rule apply to prevent Yang from demonstrating the requisite continuous presence requirement?

1. Assume Yang only arrived six years ago, with all other facts the same. Would your answer be different and if so, why?