United States Second Circuit

Petition for review of the BIA's decision that petitioner was ineligible for the Nicaraguan Adjustment and Central American Relief Act’s "special rule cancellation of removal" is granted in part, where: 1) the BIA's interpretation of 8 C.F.R. section 1240.66(b)(1) is inconsistent with the regulation; 2) as an unadmitted alien, petitioner cannot be ineligible for special rule cancellation of removal on the basis of a conviction that would make an admitted alien "deportable" under section 237 of the Immigration and Nationality Act; but 3) the matter is remanded so that the BIA may decide in the first instance any other matters that may be appropriate in determining whether to grant special rule cancellation of removal to petitioner.

Appellate Information

• Decided 05/03/2013
• Published 05/03/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel