As used in this subpart the term:
ABC means American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991).
ABC class member refers to:
(1) Any Guatemalan national who first entered the United States on or before October 1, 1990; and
(2) Any Salvadoran national who first entered the United States on or before September 19, 1990.
Asylum application pending adjudication by the Service means any asylum application for which the Service has not served the applicant with a final decision or which has not been referred to the Immigration Court.
Filed an application for asylum means the proper filing of a principal asylum application or filing a derivative asylum application by being properly included as a dependent spouse or child in an asylum application pursuant to the regulations and procedures in effect at the time of filing the principal or derivative asylum application.
IIRIRA means the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, enacted as Pub. L. 104-208 (110 Stat. 3009-625).
NACARA means the Nicaraguan Adjustment and Central American Relief Act (NACARA), enacted as title II of Pub. L. 105-100 (111 Stat. 2160, 2193), as amended by the Technical Corrections to the Nicaraguan Adjustment and Central American Relief Act, Pub. L. 105-139 (111 Stat. 2644).
Registered ABC class member means an ABC class member who:
(1) In the case of an ABC class member who is a national of El Salvador, properly submitted an ABC registration form to the Service on or before October 31, 1991, or applied for temporary protected status on or before October 31, 1991; or
(2) In the case of an ABC class member who is a national of Guatemala, properly submitted an ABC registration form to the Service on or before December 31, 1991.
Notes of Decisions
Cited in
16
cases, 2008–2020 · leading case:
Barrios v. Holder, 581 F.3d 849 (9th Cir. 2009).
Barrios v. Holder, 581 F.3d 849 (9th Cir. 2009).
“§ 1101 , or in any of the relevant regulations, see 8 C.F.R. §§ 1240.60 , .61, .66, “we give it its ordinary meaning.”
Gonzalez-ruano v. Holder, 662 F.3d 59 (1st Cir. 2011).
“2160 , 2193-94; 8 C.F.R. §§ 1240.60 , 1240.61. 2 . Gonzalez-Ruano testified that his first wife began having an intimate affair with another man, and eventually their marriage failed.”
Rivera v. Sessions, 903 F.3d 147 (1st Cir. 2018).
“1991) ; 8 C.F.R. §§ 1240.60 , 1240.61(a)(1)-(2). The IJ further found that Rivera failed adequately to establish ten years of continuous physical presence for purposes of INA § 240A(b)(1).”
Carlos Hernandez v. Eric Holder, Jr., 490 F. App'x 20 (9th Cir. 2012).
· cites it 2× “See 8 C.F.R. §§ 1240.60 , 1240.66. In addition, NA-CARA requires Hernandez to have first registered for benefits on or before December 31, 1991, (see 8 C.”
Jose Alonzo v. Eric Holder, Jr., 496 F. App'x 741 (9th Cir. 2012).
· cites it 2× “8 C.F.R. §§ 1240.60 (a), 1240.61(a). Alonzo cannot meet the requirements for the first avenue to NACARA relief under 8 C.”
Pedro Vincente Sontay v. U.S. Attorney Gen. (11th Cir. 2018).
“” 8 C.F.R. § 1240.60 . NACARA § 203 also contains a jurisdiction-stripping provision, however, providing that “[a] determination by the Attorney General as to whether an alien satisfies the requirements of this clause [.”
Boris Guardado-Sanchez v. Jefferson Sessions, 712 F. App'x 705 (9th Cir. 2018).
“See 8 C.F.R. § 1240.60 (Salvadoran nationals that applied for temporary protected status on or before October 31, 1991 are deemed to be registered ABC class members).”
Jose Henriquez v. William Barr (9th Cir. 2020).
“§ 1101 note (as added by NACARA, and as subsequently amended); see also 8 C.F.R. § 1240.60 (2); Cortez-Pineda v. Holder, 610 F.”
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