Eugenio Cuadra v. Alberto Gonzales, Attorney General of the United States

417 F.3d 947, 2005 WL 1875687
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 10, 2005
Docket03-4018
StatusPublished
Cited by24 cases

This text of 417 F.3d 947 (Eugenio Cuadra v. Alberto Gonzales, Attorney General of the United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eugenio Cuadra v. Alberto Gonzales, Attorney General of the United States, 417 F.3d 947, 2005 WL 1875687 (8th Cir. 2005).

Opinions

BYE, Circuit Judge.

Petitioner Eugenio Cuadra seeks review of the Board of Immigration Appeals’s (BIA) interpretation of the Nicaraguan Adjustment and Central American Relief Act (NACARA), Pub.L. 105-100, 111 Stat. 2160 (Í997). Cuadra may be eligible for “special rule cancellation of removal” under NACARA if he can show, inter alia, continuous physical presence in the United States for a period of seven years immediately preceding his March 24, 2000, application for relief and good moral character during this period. The BIA held 8 U.S.C. § 1101(f)(6) bars Cuadra from establishing good moral character because he admittedly lied to an asylum officer during an interview on May 23, 2001. Cuadra requests a full hearing on his good moral character because he believes his admittedly false testimony occurred after the relevant time period during which he must establish good moral character.

The BIA had jurisdiction to hear this case under 8 C.F.R. § 1003.1. This court has jurisdiction over the petition for review under 8 U.S.C. § 1252. We grant the petition and remand for further proceedings.

I.

Cuadra is a native and citizen of El Salvador who entered this country without inspection in November 1986 to escape civil war and poor conditions in his country. He works for Servpro of Fargo/Moorhead, is an active member of the Templo Cristiano Spanish Assembly of God Church, and has two United States citizen children. In 1988, Cuadra filed an application for asylum with the Immigration and Naturalization Service (INS). The INS interviewed him in June 1988, but it neither granted him asylum nor placed him in deportation proceedings.

Almost twelve years later on March 24, 2000, Cuadra filed an application for special rule cancellation of removal under NA-CARA § 203.1 Cuadra was eligible for this form of relief by virtue of his membership in a class of thousands of Salvadorian and Guatemalan asylum seekers who filed a lawsuit against the INS claiming their asylum applications had not been fairly adjudicated. See Am. Baptist Churches v. Thornburgh, 760 F.Supp. 796 (N.D.Cal.1991). In settling this lawsuit, the INS agreed not to deport class members (commonly referred to as the ABC class), to give each class member a proper de novo asylum interview, and to give class members work authorization while they awaited these interviews. The INS, however, delayed implementation of the settlement for years, and what were once strong asylum claims became stale as conditions improved in El Salvador and Guatemala.

By the mid-1990s, many ABC class members accrued the requirements for suspension of deportation under 8 U.S.C. [949]*949§ 1254 (repealed by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) on September 30, 1996), which gave the Attorney General discretion to grant permanent resident status to an alien who had been in the United States for seven years, was of good moral character, and whose deportation would cause extreme hardship for the alien or certain lawfully present relatives. For many ABC class members, relief through suspension of deportation was a better alternative than their now-stale asylum claims.

As ABC class members began to apply for suspension of deportation, however, Congress passed IIRIRA, which replaced suspension of deportation with- a much more restrictive form of immigration relief — cancellation of removal. See 8 U.S.C. § 1229b. To make relief easier for ABC class members, Congress passed NA-CARA, which allows ABC class members to seek relief under conditions approximating pre-IIRIRA suspension of deportation.

ABC class members who were placed in removal proceedings prior to IIRIRA’s effective date are eligible for NACARA suspension of deportation; ABC class members who were not placed in deportation proceedings prior to IIRIRA’s effective date (like Cuadra) are eligible for special rule cancellation of removal. NACARA’s special rule cancellation of removal provision provides the Attorney General with discretion to “cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence” an alien who:

(i) is not inadmissible or deportable under paragraph (2) or (3) of section '212(a) or paragraph (2), (3), or (4) of section 237(a) of the Immigration and Nationality Act and is not an alien described in section 241(b)(3)(B)(i) of such Act;
(ii) has been physically present in the United States for a continuous period of not less than 7 years immediately preceding the date of such application;
(iii) has been a person of good moral character during such period; and
(iv) establishes that removal would result in extreme hardship to the alien or to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

NACARA § 203.

When an alien applies for special rule cancellation of removal, his prior asylum application is adjudicated concurrently. To prepare for his asylum interview, Cuadra met with an individual named Tri Phan at Lutheran Social Services in Fargo. After this meeting, Cuadra mistakenly believed past persecution and fear of future persecution were requirements of both asylum and special rule cancellation of removal. Such information, of course, is not relevant to an application for special rule cancellation of removal.

Because Cuadra misunderstood the requirements for obtaining the immigration relief he sought, he admittedly lied to an asylum officer during an interview on May 23, 2001. He informed the asylum officer he had been a member of guerilla forces in El Salvador during the 1980s and claimed to have beaten, tortured, and mistreated soldiers, police, and guards during this time.

Cuadra’s story had the opposite effect of what he had hoped: the asylum officer concluded Cuadra was ineligible for asylum because he appeared to have been a persecutor himself. See 8 U.S.C. § 1101(a)(42)(A) (stating the term “refugee” does not include anyone who “participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion”). His application for asy[950]*950lum was accordingly denied, but his application for special rule cancellation of removal was referred to an immigration judge (IJ) pursuant to 8 C.F.R. § 1240.70(d), for a determination of whether Cuadra’s role as a persecutor made him ineligible for such relief. See 8 U.S.C. § 1229b(c)(5).

On January 9, 2002, the INS initiated removal proceedings against Cuadra.

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Bluebook (online)
417 F.3d 947, 2005 WL 1875687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eugenio-cuadra-v-alberto-gonzales-attorney-general-of-the-united-states-ca8-2005.