Reyes v. Holder, No. 11-5409 (2d Cir. 2013)
Annotate this CasePetitioner, a native of El Salvador, petitioned for review of the BIA's determination that he was ineligible for the Nicaraguan Adjustment and Central American Relief Act of 1997's (NACARA), Pub. L. No. 105-100, 111 Stat. 2193, so-called "special rule cancellation of removal" under 8 C.F.R. 1240.66(b)(1). The court concluded that the BIA's interpretation of section 1240.66(b)(1) was inconsistent with the regulation, and as an unadmitted alien, petitioner could not be ineligible for special rule cancellation of removal on the basis of a conviction that would make an admitted alien "deportable" under section 237 of the INA. Because the court's holding was limited to the conclusion that conviction of a crime specified under section 237 could not render petitioner, as an unadmitted alien, ineligible for special rule cancellation of removal, the court remanded so that the BIA could decide in the first instance any other matters that could be appropriate in determining whether to grant special rule cancellation of removal to petitioner.
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