Federal Agencies, Agency Memos & Announcements

INS on Extension of Filing Completion Deadline for NACARA MTR

2/8/99 AILA Doc. No. 99022580. Removal & Relief

February 8, 1999

Memorandum For Regional Counsel
District Counsel

From: Paul W. Virtue
General Counsel

Subject: Extension of Filing Completion Deadline for NACARA Motion to Reopen

The Department of Justice has announced that the deadline for supplementing Nicaraguan Adjustment and Central American Relief Act (NACARA) motions to reopen will be extended to a date 150 days from the effective date of the rule implementing Section 203 of NACARA. Although the extension will be included in a final rule that will be published shortly to amend 8 CFR 3.43, publication will likely take place after February 8th. Consequently, district counsel offices should not oppose motions to reopen solely on the basis that the application for NACARA relief and accompanying documentation was submitted after February 8, 1999. This extension applies only to those individuals who submitted the initial motion to reopen by September 11, 1998. A motion to reopen should be considered completed at the time of submission of the application for suspension of deportation or special rule cancellation of removal.

There may be certain cases in which it is appropriate to agree to join in a NACARA motion to reopen under 8 CFR 3.23(b)(4)(iv) if the individual was prima facie eligible for NACARA relief as of September 11, 1998, but inadvertently missed the filing deadline. At a minimum, the applicant must be prima facie eligible for relief as of September 11, 1998, must submit a complete application form and all necessary supporting documents, and must offer some valid reason for having missed the deadline before the INS should agree to join in such a motion. In assessing whether to join in a motion to reopen, attorneys should bear in mind the ameliorative purposes of NACARA and should seek to ensure that those who appear to be eligible for relief have an opportunity to have their claim adjudicated on the merits. When the INS agrees to a joint motion under these circumstances, attorneys should stress that the INS reserves the right to challenge the merits of the application at the time of the hearing.