Morales Guzman v. Holder

MEMORANDUM

Jose Candido Morales Guzman and Maria Mercedes Morales Martinez, married natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying them applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual determinations, Urzua Covarrubias v. Gonzales, 487 F.3d 742, 744 (9th Cir.2007), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s conclusion that petitioners were statutorily barred from establishing good moral character because petitioners admitted to paying a smuggler to drive themselves and their child, who also lacked documentation to legally enter the United States, across the border. See 8 U.S.C. §§ 1229b(b)(l)(B), 1101(f)(3); Urzua Covarrubias, 487 F.3d at 748-49 (substantial evidence supported determination that alien aided and abetted another alien’s illegal entry into the United States). The family unity waiver of inadmissibility under 8 U.S.C. § 1182 (d)(ll) is not available to aliens seeking to establish good moral…