Ileana Martinez-Garcia v. John Ashcroft, Attorney General

Ileana Martinez-Garcia, a native and citizen of Mexico, petitions for review of the decision of one member of the Board of Immigration Appeals (“BIA”) summarily affirming, pursuant to 8 C.F.R. § 3.1 (a)(7), the decision of the immigration judge (“IJ”) denying her application for cancellation of removal under § 240A(b)(l) of the Immigration and Nationality Act.

I.

Martinez-Garcia, now eighteen years old, is a native and citizen of Mexico. She entered the United States, along with her mother, without inspection or parole near Nogales, Arizona, on April 25, 1988, at age 3. On March 25,1997, the Immigration and Naturalization Service issued an Order to Show Cause (“OSC”) alleging alienage and entry without inspection. It was served on Martinez-Garcia the same day but was not filed with the immigration court prior to April 1, 1997, the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRI-RA”), Pub.L. No. 104-208, div. C., tit. Ill, § 308(b)(9), 110 Stat. 3009 . An IIRIRA Notice to Appear was issued on April 18, 1997, alleging the same charges that were stated in the OSC.

Before the IJ, Martinez-Garcia admitted removability, but moved for…