MacArio Moreno-Morante v. Alberto R. Gonzales, Attorney General

We address a question of first impression: does a United States citizen grandchild, in the lawful custody of non-citizen grandparents, meet the statutory definition of “qualifying relative” for the purpose of cancellation of removal? Grandparent Macario Moreno-Morante (“Moreno”) seeks review of the Board of Immigration Appeals’s (“BIA”) adoption and affirmance of an Immigration Judge’s (“IJ”) denial of his application for cancellation of removal, concluding that Moreno lacked qualifying relatives for purposes of the hardship determination and rejecting the contention that Moreno’s U.S. citizen grandchildren should qualify in light of his legal guardianship, custody, and pending adoption of them. We have jurisdiction under 8 U.S.C. § 1252 and deny Moreno’s petition.

FACTS AND PROCEDURAL HISTORY

On November 25, 2003, Moreno, a native and citizen of Mexico, was appointed the legal guardian of his five U.S. citizen minor grandchildren. Moreno alleges his grandchildren were abused physically and emotionally by their natural mother and respective natural fathers. In addition, he contends both fathers are now absent and the mother has been removed to Mexico due to the domestic violence…