Quitanilla v. Holder, Jr., No. 12-2329 (4th Cir. 2014)
Annotate this CasePetitioner sought discretionary relief from removal by way of a special rule cancellation under the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA), 8 U.S.C. 1231 (b)(3)(i). Determining that petitioner's challenge was timely and that the court had jurisdiction under 8 U.S.C. 1252, the court concluded that the BIA did not err in concluding that the persecutor bar rendered him ineligible for special rule cancellation of removal where petitioner oversaw the investigation and capture of twenty to fifty civilians and guerrillas, and where petitioner most likely understood that the individuals investigated or arrested would be tortured or killed. The court rejected petitioner's remaining contentions and denied the petition for review.
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