United States Ninth Circuit

The Board of Immigration Appeals did not err in denying petitioner's application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA) as a derivative beneficiary of his father, where: 1) petitioner was over twenty-one years of age when his father was granted special rule cancellation; 2) petitioner failed to demonstrate that the Child Status Protection Act (CSPA), under which petitioner's age would be calculated from the date his father filed for relief, applies to NACARA; and 3) petitioner did not demonstrate that the failure of Congress to apply the CSPA to NACARA violates the equal protection component of due process.

Appellate Information

• Decided 07/08/2013
• Published 07/08/2013

Judges

• FERNANDEZ

Court

• United States Ninth Circuit

Counsel