CA9 on Chevron, NACARA: Aragon-Salazar v. Holder

"Jorge Dario Aragon-Salazar (Aragon), a native and citizen of Guatemala, petitions for review of a decision by the Board of Immigration Appeals (BIA), affirming the Immigration Judge’s (IJ) denial of his application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA), Pub. L. No. 105-100, 111 Stat. 2160, 2193–2201 (1997).  The IJ and BIA denied Aragon’s application on the ground that his false testimony prevented him from establishing good moral character during the seven-year period required by NACARA in order to be eligible for special rule cancellation of removal.  As a matter of first impression in our circuit, we hold that an application for special rule cancellation of removal under NACARA is not a continuing application, and that the seven-year period during which good moral character is required under NACARA ends on the date of the filing of the application.  In this case, if Aragon gave false testimony, he did so after the requisite seven-year period.  Accordingly, we grant the petition for review, and remand for further proceedings." - Aragon-Salazar v. Holder, Oct. 2, 2014.  [Hats off to Bobby Glenn Bell, Jr.]