The Ninth Circuit has determined that an applicant subject to the heightened standard for NACARA must establish ten years of continuous physical presence following the applicant's most recently incurred ground of removal. In so holding, the Court deferred to the Board of Immigration Appeals' decision in Matter of Castro-Lopez. Campos-Hernandez was convicted of drug-related offenses in California in 2003, 2005, and 2008. Because ten years had not passed since the 2008 offense when the Board of Immigration Appeals denied his case, he could not meet the continuous physical presence requirement.
The full text of Campos-Hernandez v. Sessions can be found here: