Ochoa-Amaya
Ochoa-Amaya v. Gonzales
Opinion
Opinion
BACKGROUND
Ochoa-Amaya, a Mexican citizen born in 1978, entered the United States without inspection in 1985. In August 1992, Ochoa-Amaya’s father, a lawful permanent resident, filed a visa petition on behalf of his wife and minor children, includ- ing Ochoa-Amaya. In February 1997, Ochoa-Amaya effec- tively terminated his pending application by marrying his 74 year-old U.S. citizen bride. Eventually, all family members except Ochoa-Amaya became lawful permanent residents.
On July 13, 1997, after apprehending Ocho-Amaya when he attempted illegally to reenter the United States after return- ing to Mexico for his brother’s funeral, the Immigration and Naturalization Service (INS) charged Ochoa-Amaya under 8 U.S.C. § 1182(a)(6)(A)(i) for being an alien present in the United States without admission or inspection.1 At a hearing, Ochoa-Amaya conceded removability, but requested cancella- tion of removal under 8 U.S.C. § 1229b(b)(1) or, in the alter- native, voluntary departure. Ochoa-Amaya originally intended to apply for adjustment of status due to his marriage, but his elderly wife passed away before the visa petition was adjudi- cated.