Escobar

Escobar v. Holder

Good Law
United States Court of Appeals for the Ninth CircuitMay 27, 200907-72843California7,840 words

Opinion

Opinion

I. FACTUAL AND PROCEDURAL BACKGROUND

Kattia Guadalupe Escobar (“Escobar”) is a native and citi- zen of El Salvador. She came to the United States and settled in California with her mother in the early 1980s, when she 6192 ESCOBAR v. HOLDER was approximately five years old. Her mother adjusted her status to lawful permanent residence on March 3, 1992, when Escobar was thirteen. Escobar herself attained lawful perma- nent resident status on February 15, 2003. She has two U.S. citizen children.

On August 12, 2006, after Escobar attempted to drive an undocumented Mexican child across the border from Tijuana,1 the Department of Homeland Security (“DHS”) issued a Notice to Appear charging Escobar with removability under section 212(a)(6)(E)(i) of the INA, 8 U.S.C. § 1182(a)(6)(E)(i) (“Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible.”).

In removal proceedings, the immigration judge (“IJ”) found Escobar removable under section 212(a)(6)(E)(i) and held that she was ineligible for cancellation of removal as a lawful per- manent…

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