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PERALTA v. GONZALES

No. 05-1667.

441 F.3d 23 (2006)

Rubén PERALTA, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided March 23, 2006.

Attorney(s) appearing for the Case

Ilana Greenstein, with whom Harvey Kaplan, Lory Rosenberg, Maureen O'Sullivan, Jeremiah Friedman, and Kaplan, O'Sullivan & Friedman, LLP were on brief, for petitioner.

Andrew C. MacLachlan, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, and Ernesto H. Molina, Jr., Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, were on brief, for respondent.

Before TORRUELLA and LYNCH, Circuit Judges, and LASKER, District Judge.

LYNCH, Circuit Judge.

This case raises a new issue of interpretation of a 1997 immigration provision, the Nicaraguan Adjustment and Central American Relief Act (NACARA) § 203(a), Pub.L. No. 105-100, 111 Stat. 2160, 2196 (1997). NACARA § 203(a) amended and clarified a provision of a major immigration statute, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub.L. No. 104-208, Div. C, 110 Stat. 3009, 3009-546 (codified as...

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