Carlos Hernandez v. Eric Holder, Jr.

MEMORANDUM

Carlos David Hernandez, a citizen of Guatemala, seeks review of a determination by the Board of Immigration Appeals (“BIA”) denying him special rule cancellation. Because Hernandez failed to register on or before December 31, 1991, for benefits under the Nicaraguan Adjustment and Central American Relief Act, Pub.L. No. 105-100, 111 Stat. 2160 (Nov. 19,1997) (“NACARA”), we agree with the BIA that he is not eligible for special rule cancellation.

NACARA created a special rule cancellation of removal for certain aliens. For Guatemalans, such as Hernandez, an alien has to show that he (a) entered the United States on or before October 1, 1990, (b) has been continuously in the United States for seven or more years, (c) is of good moral character, and (d) would suffer extreme hardship if removed. See 8 C.F.R. §§ 1240.60 , 1240.66. In addition, NA-CARA requires Hernandez to have first registered for benefits on or before December 31, 1991, (see 8 C.F.R. §§ 1240.60 , 1240.61(a)(2) and (3), 1240.62(a)(2)).

Hernandez concedes that he did not register for benefits by December 31, 1991. In 1992, Hernandez consulted Carlos Es-criba. Hernandez thought Escriba was an attorney, but…