Ramirez-Altamirano

I. FACTUAL AND PROCEDURAL BACKGROUND

Ramirez-Altamirano was born in Mexico on September 25, 1967. He first entered the United States without inspection in April 1985, when he was seventeen. He claims to have resided in the United States continuously since then, although he admits to returning to Mexico occasionally during that time period.

In May 2004, the Department of Homeland Security served Ramirez-Altamirano with a Notice to Appear before an IJ for 1222 RAMIREZ-ALTAMIRANO v. MUKASEY removal proceedings. Before the IJ, Ramirez-Altamirano con- ceded that he had entered the country most recently in Sep- tember 2000, and that he had done so illegally. He informed the IJ, however, that he would seek cancellation of removal under 8 U.S.C. § 1229b(b), and, in the alternative, post- conclusion voluntary departure under 8 U.S.C. § 1229c.

At a hearing in August 2004, the IJ asked Ramirez- Altamirano’s attorney whether he foresaw any potential bars to relief. In response, the attorney mentioned that, in 1993, Ramirez-Altamirano had been convicted of misdemeanor pos- session of drug paraphernalia under California Health and Safety Code section 11364.1 His attorney…