DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
034018P.pdf 08/10/2005 Eugenio Cuadra v. John Ashcroft
U.S. Court of Appeals Case No: 03-4018
Agency
[PUBLISHED] [Bye, Author, with Heaney and Melloy, Circuit Judges]
Petition for Review - Immigration. The plain and unambiguous
language of the Nicaraguan Adjustment and Central American Relief Act
provides that the alien seeking relief must establish good moral character
during the period of required physical presence and that period ends when
the petitioner files his application; therefore, petitioner's conduct in lying
to an asylum officer after he made his application could not be considered
in determining whether he was entitled to relief, and the ALJ erred in
finding petitioner was statutorily ineligible for cancellation of removal.
Judge Melloy, dissenting.