Azararte

I. BACKGROUND

Salvador Azarte and Celia Castellon (“the Azartes”) are natives and citizens of Mexico who entered the United States without inspection in 1987. On April 20, 1990, the Azartes were married in California. They have two children, Jahir, who is now nine, and Nahivy, who is now ten. Both children are U.S. citizens.

The Immigration and Naturalization Service (“INS”) com- menced removal proceedings against the petitioners on April 17, 1997. The Azartes were charged with being subject to removal as aliens present in the United States without being admitted or paroled. See Immigration and Naturalization Act (“INA”) § 212(a)(6)(A)(I); 8 U.S.C. § 1182(a)(6)(A)(i) (2004). Petitioners conceded their removability and requested relief in the form of cancellation of removal, INA § 240A(b), 8 U.S.C. § 1229b(b) (2004), and, in the alternative, voluntary departure, INA § 240B, 8 U.S.C. § 1229c (2004). On April 5, 1999, the Immigration Judge (“IJ”) denied their request for cancellation of removal but granted voluntary departure.

In denying cancellation of removal, the IJ concluded that the Azartes had established two of the statutory requirements for such relief—ten years…