Martinez-Madera

BACKGROUND

Petitioner was born in Mexico in January 1953. His biolog- ical parents were both Mexican citizens and were never mar- ried. Six months after Petitioner was born, his mother Thomasa Madera (“Madera”) met and began a relationship with Jesus Gonzalez (“Gonzales”), a United States citizen. MARTINEZ-MADERA v. HOLDER 3361 The couple married in February 1960 and, in December 1965 moved with Petitioner and his half-siblings to California. Peti- tioner has lived there ever since. The record does not contra- dict Petitioner’s assertion that since he was six months old, Gonzalez has held Petitioner out and treated him as his son. However, Gonzalez never legally adopted Petitioner. Petition- er’s mother became a naturalized citizen in 1995. By that time, Petitioner was forty-three years old. There is no evi- dence Petitioner made any effort to become naturalized.

In October 1996, Petitioner pled nolo contendere to attempted murder under circumstances that involved domestic violence with a firearm. He served an enhanced eight-year criminal sentence. He was released on September 22, 2005. On September 8, 2005, removal proceedings were initiated against Petitioner…