Cisneros-Perez

I. Background

Cisneros-Perez entered the United States without inspec- tion. He later married Megali Garcia, a lawful permanent resi- dent. The couple has two U.S. citizen children. In 2001, a complaint was filed against Cisneros-Perez, accusing him of, among other crimes,1 violations of California Penal Code sec- tions 243(e)(1)2 and 273.5(a).3 Cisneros-Perez pleaded no 1 Cisneros-Perez was also charged with violating California Penal Code section 591, which prohibits, in effect, tampering with telephone lines. 2 California Penal Code section 243(e)(1) provides: When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiance, or fiancee, or a per- son with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punish- able by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is sus- pended, it shall be a condition thereof that the…