Gonzalez v. Holder, No. 11-1175 (1st Cir. 2012)
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Petitioner,a citizen of Guatemala applied for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act, 111 Stat. 2160. An Immigration Judge and the Board of Immigration Appeals concluded that he was statutorily ineligible for NACARA relief because he last entered the U.S. as a crewman (8 U.S.C. 1229b(c)(1)). The First Circuit affirmed, rejecting an argument that he was not a "crewman" when he last entered the U.S. Petitioner was given adequate notice that he was removeable for having remained in the U.S. longer than permitted; whether he was a "crewman" was only relevant to his petition for cancellation.
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