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In Castro-Lopez the Board of Immigration Appeals held that an applicant for special rule cancellation of removal for NACARA must establish 10 years of continuous residence from the date of the most recently incurred ground of inadmissibility or deportability, rather than the first incurred ground. The Board reached this conclusion because it was the rule for suspension of deportation under the pre-1996 law and Congress intended NACARA special rule cancellation to approximate that law. So, Castro-Lopez was found ineligible for the relief because his most recently incurred ground of inadmissibility resulted from a 2012 controlled substance conviction.

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