Mayra Cruz-Carballo v. Eric Holder, Jr., No. 09-72199 (9th Cir. 2011)

Annotate this Case

Download PDF

FILED JAN 12 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MAYRA ROXANA CRUZ-CARBALLO, Petitioner, No. 09-72199 Agency No. A074-426-129 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges. Mayra Roxana Cruz-Carballo, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order dismissing her appeal from an immigration judge s removal order. We have jurisdiction under * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 8 U.S.C. § 1252. We review de novo questions of law, Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009), and we grant the petition for review. The BIA failed to address Cruz-Carballo s contention that she is eligible for special rule cancellation of removal under 8 C.F.R. § 1240.66(c), which implements the provision of the Nicaraguan Adjustment and Central American Relief Act of 1997 ( NACARA ) authorizing relief for otherwise eligible aliens who are removable due to certain criminal convictions. See NACARA § 203(b). Although both parties discuss Cruz-Carballo s eligibility for this relief in their briefing, because this court cannot affirm the BIA on a ground upon which it did not rely, Navas v. INS, 217 F.3d 646, 658 n.16 (9th Cir. 2000), we grant the petition for review and remand the case to the BIA to address Cruz-Carballo s eligibility in the first instance. See INS v. Ventura, 537 U.S. 12, 16 (2002) (per curiam). PETITION FOR REVIEW GRANTED; REMANDED. 2 09-72199

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.