Moreno-Mornate

FACTS AND PROCEDURAL HISTORY

On November 25, 2003, Moreno, a native and citizen of Mexico, was appointed the legal guardian of his five U.S. citi- zen minor grandchildren. Moreno alleges his grandchildren were abused physically and emotionally by their natural mother and respective natural fathers. In addition, he contends both fathers are now absent and the mother has been removed to Mexico due to the domestic violence issues involving her children. Although he did not become a guardian until November 2003, Moreno contends he and his spouse have always played a major role in raising their grandchildren, who have lived with Moreno on a permanent basis since 2002.

More than a month before Moreno was appointed guardian, the Department of Homeland Security (“DHS”) issued a Notice to Appear charging Moreno with removability under section 212(a)(6)(A)(i) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(a)(6)(A)(i), as an alien who was present in the United States without having been admitted or paroled. At his initial hearing on January 9, 2004, Moreno conceded removability, contesting only the alleged date of entry. Moreno also applied for cancellation of removal…