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TISTA v. HOLDER

No. 08-75167.

722 F.3d 1122 (2013)

Albaro Elias TISTA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2013.

Attorney(s) appearing for the Case

Ian E. Silverberg , Reno, NV, for Petitioner.

Tony West , Assistant Attorney General, Richard M. Evans , Assistant Director, Benjamin J. Zeitlin , Trial Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: FERDINAND F. FERNANDEZ and CONSUELO M. CALLAHAN, Circuit Judges, and SARAH S. VANCE, District Judge.

OPINION

FERNANDEZ, Circuit Judge:

Albaro Elias Tista, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' (BIA) denial of his application for special rule cancellation of removal. In 1999, Elias applied under the Nicaraguan Adjustment and Central American Relief Act (NACARA)1 for special rule cancellation of removal2 on the basis that he was so entitled because...

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