Martin Noe Moran v. John Ashcroft, Attorney General

Martin Noe Moran (“Moran”) petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the finding of the Immigration Judge (“IJ”) that Moran was ineligible for cancellation of removal because he encouraged two aliens to enter the country illegally. The aliens he encouraged are his wife and son. While the statutory scheme governing the requirements for cancellation of removal preserves eligibility for individuals whose involvement in “alien smuggling” is limited to helping their own family members, including spouses and children, the statutory provisions make clear that for acts of smuggling occurring after May 5, 1988, the “family member” waiver does not apply to a spouse who was not a spouse at the time of the smuggling. Because Moran and his wife were married after he helped her enter the country illegally, he does not fall within the exception to the alien smuggling provision, and his involvement in helping his son and his future wife *1091 (the mother of his son) cross the border in 1993 renders him ineligible for cancellation of removal. We must therefore deny the petition for review.

I.BACKGROUND

Martin Noe Moran, a native and citizen of Mexico,…

concurring:

This case is but one example of the harsh effects and unintended consequences current immigration laws visit upon immigrant families. Punishing Martin Moran for endeavoring to bring his family together could hardly be more antithetical to Congress’s stated goal of promoting family unification in immigration law. To say that Moran’s efforts to be with his son and his son’s mother reflect a lack of “good moral character” grossly distorts the meaning of that term, and it is with a heavy heart that I apply this statutory classification today. That the denial of Moran’s petition is required by the law does not make this result — or this law— just.

395 F.3d 1089 Martin Noe MORAN, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 02-73551. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 9, 2004. Filed January 20, 2005. Cass W. Christenson, McKenna Long & Aldridge, Washington, DC, for the petitioner. Nicole Nardone, U.S. Department of Justice, Washington, DC, for the respondent. With her on the briefs was Jamie M. Dowd. On Petition for Review of an Order of the Board of Immigration Appeals. Before: B. FLETCHER, PRYMER, and PAEZ, Circuit Judges. BETTY B. FLETCHER, Circuit Judge. 1 Martin Noe Moran ("Moran") petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the finding of the Immigration Judge ("IJ") that Moran was ineligible for cancellation of removal because he encouraged two aliens to enter the country illegally. The aliens he encouraged are his wife and son. While the statutory scheme governing the requirements for cancellation of removal preserves eligibility for individuals whose involvement in "alien smuggling" is limited to helping their own family members, including spouses and children, the statutory provisions make clear that for acts…