Orozco

I. Factual and Procedural Background

Orozco entered the United States on January 11, 1996, at the San Ysidro, California checkpoint. Orozco did not possess 2994 OROZCO v. MUKASEY valid identification that would have allowed him legally to enter the United States, nor was he eligible for any such valid entry document at the time of his entry. Orozco instead entered the United States illegally by using the permanent res- ident alien card, or “green card,” of another person whom Orozco resembled.

Once inside the United States, Orozco developed an inti- mate relationship with Raquel Ontiveros, a United States citi- zen. On August 5, 2000, Raquel Ontiveros (then age 17) gave birth to their first child. Orozco married Raquel Ontiveros (hereinafter “Raquel Orozco”) on April 23, 2001. On March 10, 2004, Raquel Orozco gave birth to the couple’s second child.

In June 2001, Raquel Orozco filed an application for an alien relative visa on Orozco’s behalf. At the same time, Orozco applied for adjustment of status. The Immigration and Naturalization Service (“INS”) subsequently approved Oroz- co’s visa application. The INS, however, denied Orozco’s application for…