The court of appeals granted a petition for review. The court held that an alien did not abandon his application for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act where he did not “desire” to leave the country at the time he accidentally entered Mexico due to a traffic mix-up.
Carlos Antonio Lezama-Garcia entered the United States from Nicaragua without inspection in early 1993 and remained in the country continuously thereafter. In early 2000, while subject to an order of removal, he applied for relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA) to adjust his status to that of an alien lawfully admitted for permanent residence.
