Mendoza-Mazariegos

I. Factual and Procedural Background

Mendoza is a native and citizen of Guatemala. He entered the United States without inspection in February 1985, and has since resided in the United States. Mendoza and his wife Beatriz now have three children, ages four, seven, and eleven, who are United States citizens. The family resides in Palm- dale, California, where Mendoza works for a church.

On July 20, 1998, the government placed Mendoza in removal proceedings, charging him with being an alien pres- ent in the United States without inspection in violation of 8 U.S.C. § 1182(a)(6)(A)(i). The Immigration and Naturaliza- tion Service1 (“INS”) detained Mendoza at a detention center in Florence, Arizona. Mendoza first appeared before Immi- gration Judge (“IJ”) Scott Jeffries in Arizona on August 7, 1998. Mendoza appeared pro se, declined to be represented by counsel, and conceded his removability. Recognizing that Mendoza was a candidate for cancellation of removal, the government attorney suggested that the IJ inform Mendoza of available relief. The IJ gave Mendoza a cancellation of removal application form and instructed Mendoza to submit the form by the next scheduled hearing. 1…