A memory and method of making a memory is disclosed. In one embodiment, the memory includes a cap structure for a magnetoresistive random access memory device including an etch stop layer formed over an upper magnetic layer of a magnetoresistive junction (MTJ/MCJ) layered structure and a hardmask layer formed over said etch stop layer, wherein said etch stop layer is selected from a material such that an etch chemistry used for removing said hardmask layer has selectivity against etching said etch stop layer material. In a method of opening the hardmask layer, an etch process to remove exposed portions of the hardmask layer is implemented, where the etch process terminates on the etch stop layer.