Hector Montero-Martinez Gregorio Pedro Montero-Hernandez v. John Ashcroft, Attorney General of the United States
Opinion
Opinion
Pregerson, J.
Gregorio Pedro Montero-Hernandez and Hector Montero-Martinez (Petitioners) seek review of a final order of removal issued by the Board of Immigration Appeals (BIA). The BIA determined that Petitioners were statutorily ineligible for cancellation of removal as non-permanent residents under 8 U.S.C. § 1229b(b)(l) because neither had a qualifying relative for the purposes of § 1229b(b)(l)(D). We deny the' petition because Petitioners’ argument that Montero-Hernandez’s adult daughter qualifies as a “child” for the purposes of § 1229b(b)(l)(D) is without merit.
I. FACTS AND PRIOR PROCEEDINGS.
Montero-Hernandez and Montero-Mar-tinez are father and son. They are natives and citizens of Mexico who entered the United States in 1986.
In April 1997, the Immigration and Naturalization Service (INS) served upon Petitioners a Notice to Appear, alleging that Petitioners were removable under 8 U.S.C. § 1182 (a)(6)(A)(i) because they had entered the United States without inspection. Petitioners admitted the allegations contained in the Notice and conceded remova-bility. Because they had no other viable options for remaining in the United States, they applied for cancellation of removal pursuant…