Gonzalez v. Holder
2012 U.S. App. LEXIS 5372
| 1st Cir. | 2012Background
- Gonzalez, a Guatemalan national, seeks NACARA special rule cancellation of removal.
- Agency denied NACARA relief due to Gonzalez allegedly last entering as a crewman under INA § 240A(c).
- BIA reviewed de novo with focus on legal/interpretive questions, not pure fact-finding by IJ.
- INA defines 'crewman' and 'alien crewman'; BIA uses both visa type and entry context to classify.
- Record evidence indicates last entry March 2, 1997 aboard the Jubilee as a crewman; NTA alleged February 1997 entry.
- Gonzalez challenged notice and the policy reasons for NACARA ineligibility; court upholds denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gonzalez last entered as a crewman under INA | Gonzalez contends he did not last enter as a crewman. | Gonzalez was issued a crewman visa and entered to work as seaman; classification valid. | GIA properly treated Gonzalez as an alien crewman. |
| Notice and opportunity to respond to crewman allegation | DHS failed to notify/additional charges about crewman status. | NTA indicated removability; crewman status was only relevant to NACARA eligibility, not removability. | No error; Gonzalez had notice and opportunity to respond. |
| Constitutional/interpretive limits on NACARA ineligibility | Section 240A(c) was intended to exclude only pre-eligibility crewmen; Gonzalez would otherwise qualify. | Statute plainly bars any alien who entered as a crewman after 1964; cannot rewrite. | Statutory text controls; no reversal. |
Key Cases Cited
- Gonzalez-Ruano v. Holder, 662 F.3d 59 (1st Cir. 2011) (limits on review of NACARA discretionary determinations; focuses on legal errors)
- Matter of Loo, 15 I. & N. Dec. 601 (BIA 1976) (two definitions of crewman considered together)
- Matter of G-D-M-, 25 I. & N. Dec. 82 (BIA 2009) (examines visa type and entry circumstances to classify as crewman)
- Matter of Goncalves, 10 I. & N. Dec. 277 (BIA 1963) (creative interpretation of crewman status beyond visa type)
- Matter of Campton, 13 I. & N. Dec. 535 (BIA 1970) (crewmanship assessment in entry classification)
- Matter of Tzimas, 10 I. & N. Dec. 101 (BIA 1962) (contextual approach to crewman determination)
- Sony BMG Music Entm't v. Tenenbaum, 660 F.3d 487 (1st Cir. 2011) (statutory interpretation and plain-language approach)