Mota

I. Background

On or about February 27, 1985, at the age of twenty, Con- stantina Ramirez Mota (“Mota”) entered the United States illegally. The following year, she returned to Mexico briefly, and then again entered the United States illegally, this time with her two children. She has lived in the United States con- tinuously ever since. She also has three children born in the United States.

On November 16, 1989, Mota was charged with the misde- meanor infliction of an injury upon a child in violation of sec- tion 273d of the California Penal Code. On January 22, 1990, she was convicted and sentenced to thirty days in jail, three years probation, and completion of parenting classes.

On September 21, 2001, Mota was issued a Notice to Appear in removal proceedings. On November 15, 2002, through her attorney, she admitted the allegations in the 13140 MOTA v. MUKASEY Notice to Appear and conceded being subject to removal as charged. She also submitted an application for asylum, with- holding of removal and CAT protection. She then withdrew her application and instead requested Cancellation of Removal for Certain Nonpermanent Resident aliens under INA § 240B, 8…