The Board of Immigration Appeals had determined that when an applicant for NACARA commits more than one act that renders them removable, the continuous physical presence requirement must be applied to the last removable act.  Thus, when an applicant enters the United States without inspection and subsequently commits a crime that renders him removable, he must establish the requisite physical presence beginning on the date that the criminal act rendered him removable.  In the instant case, the applicant committed a removable crime in 2012 which subjected him to the heightened standard for NACARA.  Because ten years had not elapsed since the offense, he could not establish the requisite physical presence. 

The full text of Matter of Castro-Lopez can be found here: