Mejia

BACKGROUND

Mejia, a native and citizen of El Salvador, entered the United States without inspection in the early 1980s. In 1988, he married Angela Mejia, a United States citizen, and together they have three daughters, two of whom are U.S. citizens. Angela Mejia also has a daughter from a previous relation- ship, Gloria.

In 1989, Mejia was convicted of violating provisions of the California Penal Code that prohibit child molestation and commission of lewd and lascivious acts upon a child. See Cal. Penal Code § 288(a), (c). These convictions were based on Mejia’s repeated molestation of his step-daughter, Gloria, beginning when Gloria was twelve years old and continuing for approximately three and a half years. This conduct included slapping her, massaging her breasts, and fondling her genitals. Mejia pleaded guilty and served seven months in jail.

In August 2000, the Immigration and Naturalization Ser- vice (“INS”) served Mejia with a Notice to Appear, charging him as removable in violation of 8 U.S.C. § 1182(a)(2)(A) (i)(I)1 and 8 U.S.C. § 1182(a)(6)(A)(i).2 At his initial hearing, before the IJ, Mejia conceded removability and asked for time to apply for an adjustment of…