Aragon-Salazar v. Holder, Jr., No. 10-71763 (9th Cir. 2014)
Annotate this CasePetitioner, a native and citizen of Guatemala, petitioned for review of the BIA's decision affirming the IJ's denial of his application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA), Pub. L. No. 105-100, 111 Stat. 2160, 2193-2201. The application was denied based on petitioner's false testimony which prevented him from establishing good moral character. The court held that an application for special rule cancellation of removal under NACARA is not a continuing application, and that the seven-year period during which good moral character is required under NACARA ends on the date of the filing of the application. If petitioner, in this case, gave false testimony, he did so after the requisite seven-year period. Accordingly, the court granted the petition for review and remanded for further proceedings.
Court Description: Immigration. The panel granted Jorge Dario Aragon-Salazar’s petition for review of the Board of Immigration Appeals’ decision finding that he was statutorily ineligible for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act because he failed to establish good moral character during the requisite seven-year period. As a matter of first impression, the panel held that an application for NACARA special rule cancellation is not a continuing application, and that the seven-year period during which good moral character is required under NACARA ends on the date of the filing of the application. The panel held that if Aragon gave false testimony, he did so after the seven- year period, and the panel accordingly granted his petition and remanded for further proceedings. Dissenting, Judge Callahan would affirm the BIA’s determination that Aragon lacks good moral character, and would deny his petition. Judge Callahan would find NACARA § 203 ambiguous, and further disagreed with the majority’s holding that an applicant’s responsibility to maintain good moral character vanishes upon the filing of an application for relief.
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