AGUILAR-ESCOBAR V. INS:  NINTH CIRCUIT STAYS DEPORTATION BECAUSE OF NACARA
Immigrants' Rights Update, Vol. 12, No. 2, March 24, 1998

The Ninth Circuit Court of Appeals has issued a decision staying the deportation of a Salvadoran woman to allow her to apply for suspension of deportation under the Nicaraguan Adjustment and Central American Relief Act (NACARA).  The decision came on a petition for review of the Board of Immigration Appeals’ decision denying the woman’s asylum application.

The court upheld the BIA, finding that the petitioner did not qualify for asylum.   However, the court also noted that, because the petitioner is Salvadoran and arrived in the United States prior to September 1990, she may be eligible for relief under NACARA.  The court therefore ordered a 90-day stay of the mandate in the case, meaning that the appeal will remain pending during this period, to allow the petitioner to apply for relief under NACARA.

Aguilar-Escobar v. INS, __ F.3d __, No. 97-70732 (9th Cir. Feb. 2, 1998).

Home | What's New | About NILC | Publications | Community Education Materials
Immigrants & Employment | Immigrants & Public Benefits | Immigration Law & Policy
Trainings | Links
California Immigrant Welfare Collaborative