Jorge Aragon-Salazar v. Eric Holder, Jr.
2014 U.S. App. LEXIS 18978
| 9th Cir. | 2014Background
- Aragon-Salazar, Guatemalan citizen, seeks NACARA special rule cancellation of removal.
- NACARA §203 creates a discretionary path for certain classes to cancel removal with seven-year good moral character requirement.
- Seven-year period must be consecutive and immediately preceding the NACARA application date.
- IJ and BIA denied relief based on alleged false testimony defeating good moral character.
- BIA treated NACARA application as continuing, extending the seven-year period to final administrative decision.
- Court holds NACARA special rule cancellation is not a continuing application; seven-year period ends at filing of the application; remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NACARA special rule cancellation is a continuing application | Aragon: not continuing; cut-off at filing date | Government: BIA properly treated as continuing application under precedent | Not a continuing application; period ends at filing date |
| When the good moral character period ends under NACARA §203 | Period ends at seven years before filing date | Period extends beyond filing per BIA view | Ends on the date of filing the NACARA application |
| Chevron step governing NACARA interpretation | Statute ambiguous; require step-two review | Plain language unambiguous; defer to agency | If plain language unambiguous, Chevron step one; does not reach step two |
Key Cases Cited
- Cuadra v. Gonzales, 417 F.3d 947 (8th Cir. 2005) (supports permissive/ambiguous interpretation of good moral character period)
- Castillo-Cruz v. Holder, 581 F.3d 1154 (9th Cir. 2009) (cites ten-year moral character calculation backward from final resolution)
- Duron-Ortiz v. Holder, 698 F.3d 523 (7th Cir. 2012) (treats NACARA continuation question as potentially deferable to BIA)
- Matter of Ortega-Cabrera, 23 I. & N. Dec. 793 (BIA 2005) (BIA: continuing application for purposes of moral character and presence)
- In re Garcia, 24 I. & N. Dec. 179 (BIA 2007) (BIA: continuing application reasoning for NACARA relief)
- Isidro-Zamorano, 25 I. & N. Dec. 829 (BIA 2012) (policy indicating continuing period for moral character)