Third Circuit Finds NACARA Applicant Cannot Mitigate Heightened Standard with 212(h) Waiver

The Third Circuit has determined that an applicant for NACARA cancellation of removal cannot combine the application with a waiver under section 212(h) of the INA. Thus, an applicant convicted of marijuana possession will need to show 10 years of physical presence to qualify for NACARA cancellation.

The full text of Lopez v. Attorney General can be found here:

https://www2.ca3.uscourts.gov/opinarch/211490p.pdf

Ninth Circuit Finds that Prior NACARA Cancellation Grant Precludes LPR Cancellation Eligibility

The Ninth Circuit has concluded that a prior grant of NACARA cancellation of removal by the Asylum Office precludes a petitioner from seeking cancellation of removal for lawful permanent residents in removal proceedings.

The full text of Hernandez v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/06/27/20-70158.pdf