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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.