Lorenzo Molina-Camacho v. John Ashcroft, Attorney General

Lorenzo Molina-Camacho (“Molina”), a 40-year-old native and citizen of Mexico, entered this country illegally in 1984. He has a wife and three children, the youngest of whom, Ricardo, is a United States citizen. When the INS initiated removal proceedings against him in 1998, Molina conceded removability, but applied for cancellation of removal.

The Immigration Judge (“IJ”) found that Molina qualified under the Immigration and Nationality Act (“INA”), section 240A(b), and granted cancellation. The INS appealed, and one member of the Board of Immigration Appeals (“BIA”) reversed and entered an order removing Molina to Mexico. Molina timely petitioned for review.

FACTS AND PROCEDURAL HISTORY

Born in Michoacan, Mexico, Molina was raised in a one-room house with eight other family members and no running water. Unable to find work or pursue an education, Molina left Mexico at the age of 21, entering the United States in June of 1984. Between 1984 and 1998, Molina returned to Mexico three times to visit family and to marry his wife, Rosa. Each visit was for three weeks or less. Rosa eventually joined him in the United States in 1991 with the couple’s two oldest children, Jesus and…