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DEADLINE NEARS FOR NACARA MOTIONS
The deadline for NACARA-eligible persons to file motions to reopen cases in which final orders have been issued is September 11, 1998. NACARA, or the Nicaraguan and Central American Relief Act, allows nationals of Nicaragua and certain other Central American nations to use the old rules (from before 1996) to apply for cancellation of removal.
There are two primary differences between the current rule and the rule NACARA-eligible persons can use. First, the current rule requires 10 years of residency in the US whereas the old rule requires only seven. Second, under the new rule, to prevent deportation the alien's deportation must work a hardship on a US citizen or legal permanent resident, whereas the old rule required only that the deportation would work a hardship on the alien.
The motion should be filed with the Immigration Court that last had jurisdiction over the proceedings.
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