Aragon-Salazar v. Holder

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Immigration
  • Date Filed: 10-02-2014
  • Case #: 10-71763
  • Judge(s)/Court Below: Circuit Judge Smith Jr. for the Court; Senior District Judge Korman; Dissent by Circuit Judge Callahan
  • Full Text Opinion

An application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act is not a continuing application, and the seven-year period during which the Nicaraguan Adjustment and Central American Relief Act requires good moral character, ends on the day the application is filed.

Jorge Dario Aragon-Salazar, a native and citizen of Guatemala, petitioned for review of a decision by the Board of Immigration Appeals (“BIA”), affirming the Immigration Judge’s (“IJ”) denial of his application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). The IJ and BIA denied Aragon’s application on the grounds that his false testimony during his NACARA interview with an asylum officer, prevented him from establishing good moral character during the seven-year period required by NACARA in order to be eligible for special rule cancellation of removal. On appeal, the Ninth Circuit 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 NACARA requires good moral character, ends on the day the application is filed. In this case, if Aragon gave false testimony, the testimony given was after the requisite seven-year period. REMANDED.

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