Martinez

MEMORANDUM *

Rosa Munoz-Martinez (“Munoz-Martinez”), a native and citizen of El Salvador, petitions for review of a decision of the Board of Immigration Appeals (“BIA”). The BIA, without opinion, affirmed the Immigration Judge’s decision denying Munoz-Martinez’s motion to reopen removal proceedings so that she could apply for *452 benefits under the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”), §§ 201-203, Pub.L. No. 105-100, 111 Stat. 2160. We have jurisdiction pursuant to section 242 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1252 (2000). We grant the petition and remand for further proceedings.

Munoz-Martinez was placed in removal proceedings in 1997. At her merits hearing in front of the Immigration Judge (“IJ”), Munoz-Martinez conceded removability but requested voluntary departure. The IJ granted this request and gave Munoz-Martinez until February 26, 1998 to depart the United States. Munoz-Martinez did not depart by that date but instead filed a motion to reopen her removal proceedings in order to apply for benefits under NACARA. 2 The IJ denied the motion, concluding that Munoz-Martinez was not eligible for relief under…