Moran

I. BACKGROUND

Martin Noe Moran, a native and citizen of Mexico, arrived in the United States on April 15, 1989.1 In January 2000, 1 The IJ’s finding that Moran arrived in 1992 is not supported by sub- stantial evidence. Moran testified that he arrived on April 15, 1989. The record shows that Moran only briefly departed in 1991 to care for a sick parent. Because the record clearly shows that Moran was in Mexico for fewer than ninety days, his trip to Mexico did not interrupt his continuous presence in the United States, and so the correct date of entry is April 15, 1989. See 8 U.S.C. § 1229b(d)(2). MORAN v. ASHCROFT 897 Moran was served with a notice to appear charging remov- ability under Immigration and Nationality Act section 212(a)(6)(A)(i), 8 U.S.C. § 1182(a)(6)(A)(i), for being an alien present in the United States without having been admit- ted or paroled.

At his removal hearing, Moran conceded removability. He also testified that he agreed to pay smugglers to help the woman who is now his wife, Ana Yuki Moran, and their son illegally enter the United States from Mexico.2 Specifically, Moran testified that he told Ana he wanted her and their…