Felicita Ardon-Matute Delmis Guadalupe Murcia-Ardon, A.K.A. Delmy Murcia-Ardon v. Immigr. & Naturalization Serv., 157 F.3d 696 (9th Cir. 1998). · Go Syfert
Felicita Ardon-Matute Delmis Guadalupe Murcia-Ardon, A.K.A. Delmy Murcia-Ardon v. Immigr. & Naturalization Serv., 157 F.3d 696 (9th Cir. 1998). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: Clairenite Georges Carine Georges v. Immigration and Naturalization Service (ca9, 1999-03-29)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Clairenite Georges Carine Georges v. Immigration and Naturalization Service
9th Cir. · 1999 · confidence medium
Ardon-Matute v. INS, 157 F.3d 696, 697 (9th Cir.1998), which granted a stay to petitioners who were in the process of applying for similar relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA), provides authority on this question: In such circumstances, this court will stay its proceedings to permit implementation of the process contemplated by NACARA.
cited Cited "see" Lopez v. INS
5th Cir. · 2000 · signal: see · confidence high
See Ardon-Matute v. INS, 157 F.3d 696 (9th Cir. 1998).
Retrieving the full opinion text from the archive…
Felicita ARDON-MATUTE; Delmis Guadalupe Murcia-Ardon, A.K.A. Delmy Murcia-Ardon, Petitioners,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
97-70689.
Court of Appeals for the Ninth Circuit.
Sep 23, 1998.
157 F.3d 696
Carol L. Edward, Seattle, Washington, for petitioners., Francesco Isgro, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for respondent.
Ferguson, Reinhardt, Roll.
Cited by 2 opinions  |  Published

Petitioners, two natives and citizens of El Salvador, who are before us seeking review of the Board of Immigration Appeals’ denial of their request for asylum and withholding of deportation, have moved for remand to the Board of Immigration Appeals, in order that the Board may consider their eligibility for derivative benefits under § 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA). Petitioners have simultaneously submitted a Motion to Reopen to the Board. Before petitioners’ eligibility for derivative benefits under NACARA may be adjudicated, however, the principal beneficiary (in this ease, Salvador Murcia, Felicita’s husband and Delmis’ father) must apply to the INS for benefits and must be granted suspension of deportation or cancellation of removal under NACARA. The INS is still in the process of promulgating regulations governing applications for NACARA benefits, and the procedures applicable to the petitioners’ principal beneficiary, Salvador Murcia, have not yet been adopted.

Because petitioners are the spouse and child of a Salvadoran national who first entered the U.S. prior to September 19, 1990, who is registered for temporary protected status, and who has a pending asylum application, they may be entitled to derivative benefits under NACARA. In such circumstances, this court will stay its proceedings to permit implementation of the process contemplated by NACARA. Should NACARA relief be granted to petitioners, the petition for review will become moot. Should it be denied, the stay will be vacated. The parties shall advise the court as to the status of the Motion to Reopen 90 days from the date of this order and every 90 days thereafter.

PROCEEDINGS STAYED. This panel will retain jurisdiction.