Salgado-Diaz

I. FACTUAL AND PROCEDURAL BACKGROUND

Salgado-Diaz entered the United States from Mexico with- out inspection in August 1989. He lived in San Diego with his mother and has a daughter who was born in the United States in September 1996. He has one U.S. citizen sister and two other siblings who are legal permanent residents.

In August 1996, Salgado-Diaz filed for asylum and with- holding of deportation. Shortly thereafter, the Immigration and Naturalization Service (“INS”) sent him an order to show cause as to why he should not be deported.2 Petitioner first appeared before an IJ on November 4, 1996.3 The IJ post- 1 Salgado-Diaz also asserts that the BIA erred in rejecting his ineffective assistance of counsel claim. We do not reach that claim, given our resolu- tion of the due process issue. 2 The INS has since been abolished and its functions transferred to the Department of Homeland Security. See Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2142 (2002), 6 U.S.C. §§ 101-557. For convenience, we refer to the government agency as the INS. 3 Immigration Judge Anthony Atenaide presided over all the proceedings throughout the extended process reviewed in this…