Baca

MEMORANDUM

Santos Ronald Baca is a native and citizen of Nicaragua. He petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his application for adjustment of status under Section 202 of the Nicaraguan and Central American Relief Act of 1997 (NACARA), Pub. L. No. 105-100, 111 Stat. 2193-2201 (Nov. 19, 1997), amended by Pub. L. No. 105-139, 111 Stat. 2644-45 (Dec. 2, 1997). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(B). We review the BIA’s determinations of purely legal questions de novo. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We review claims of constitutional violations de novo. Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). We deny in part, grant in part, and remand the petition for further proceedings.

In his hearing before the IJ, Baca admitted to the government’s allegation in the Notice to Appear that he entered the United States without inspection on September 12, 1994. The government did not move to amend the Notice to Appear, nor did it dispute the stated date of entry. AR 59-60, 103-05. The BIA denied Baca’s application for special rule cancellation of removal…