Jose Manuel Ochoa-Amaya v. Alberto R. Gonzales, Attorney General

Jose Ochoa-Amaya seeks judicial review of the Board of Immigration Appeals’ (BIA) final order denying his motion to reopen to allow consideration of his application for adjustment of status pursuant to 8 U.S.C. § 1255 (i). BIA rejected the motion because it determined that Ochoa-Amaya did not qualify as a child under the Child Status Protection Act (CSPA), Pub.L. No. 107-208, 116 Stat. 927 (2002), and so could not show statutory eligibility for adjustment of status. We agree with BIA’s interpretation of the relevant language of the CSPA, and deny Ochoa-Ama-ya’s petition.

I

BACKGROUND

Ochoa-Amaya, a Mexican citizen born in 1978, entered the United States without inspection in 1985. In August 1992, Ochoa-Amaya’s father, a lawful permanent resident, filed a visa petition on behalf of his wife and minor children, including Ochoa-Amaya. In February 1997, Ochoa-Amaya effectively terminated his pending application by marrying his 74 year-old U.S. citizen bride. Eventually, all family members except Ochoa-Amaya became lawful permanent residents.

On July 13, 1997, after apprehending Ocho-Amaya when he attempted illegally to reenter the United States after returning to Mexico for his…