CA2 on NACARA Special Rule Cancellation: Reyes v. Holder (UPDATED)

CA2 on NACARA Special Rule Cancellation: Reyes v. Holder (UPDATED)

"8 C.F.R. § 1240.66(b)(1) means what it says: In order to be eligible for special rule cancellation of removal under that provision, an alien must not be inadmissible by virtue of having committed certain crimes specified in § 212 of the INA or deportable by virtue of having committed certain crimes specified in § 237 of the INA.  Inasmuch as Reyes is not deportable, his conviction of a crime listed in § 237 cannot render him ineligible for special rule cancellation of removal. The BIA therefore erred in determining that Reyes is ineligible on the basis that he committed a crime specified in § 237.  Because our holding is limited to the conclusion that conviction of a crime specified under § 237 cannot make an unadmitted alien ineligible for special rule cancellation of removal, we remand 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 Reyes." - Reyes v. Holder, May 3, 2013.  [Hats off to Bruno Bembi!]

[UPDATE: Here's a link to the underlying BIA decision, courtesy of Ben Winograd and IRAC!]