Santiago Martinez v. Jefferson Sessions
14-72593
| 9th Cir. | Dec 7, 2017Background
- Petitioner Santiago Martinez, a Guatemalan national, applied for special rule cancellation of removal under NACARA §203; his initial application was filed on November 6, 2000.
- NACARA requires an applicant to demonstrate good moral character during the seven years immediately preceding the filing date of the application.
- Immigration hearings in 2003, 2007, and 2011 contained allegedly false testimony by Martinez; the IJ relied on that testimony in denying relief.
- Government argued Martinez’s initial application had been withdrawn and that a May 25, 2010 "updated" filing started a new seven-year period ending in 2010.
- The Ninth Circuit reviewed de novo the legal question of the applicable seven-year period and for substantial evidence any factual finding about withdrawal; it held the relevant seven-year period ends on the date of the initial application filing and that the 2010 filing was an update, not a new application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether false testimony given after the initial NACARA filing may be used to disqualify Martinez for lack of good moral character | Martinez: no — only statements within the seven years before the initial filing (ending Nov 6, 2000) are relevant | Government: yes — updates or later filings extend the relevant seven-year period (pointing to a 2010 filing) | Court: no — the seven-year period ends on the date of the initial application; post-2000 statements are outside the period and cannot be used to deny NACARA relief |
| Whether Martinez’s November 6, 2000 application was withdrawn such that the May 25, 2010 filing began a new seven-year period | Martinez: original application remained effective; 2010 filing was an update after BIA remand | Government: the original was withdrawn; 2010 filing is a new application | Court: government failed to show withdrawal; BIA’s actions (sua sponte reopening and remand) and lack of evidence support treating the 2010 filing as an update, not a new application |
Key Cases Cited
- Barrios v. Holder, 581 F.3d 849 (9th Cir. 2009) (standard of review: de novo for legal questions; substantial evidence for factual findings)
- Aragon-Salazar v. Holder, 769 F.3d 699 (9th Cir. 2014) (the seven-year good-moral-character period under NACARA ends on the date of the initial application; updates do not extend it)