Flores-Nava

Flores-Nava v. Gonzales

Good Law
129 F. App'x 372
United States Court of Appeals for the Ninth CircuitApril 25, 2005No. 03-71705; Agency Nos. A91-820-040, A78-241-107California384 words

Opinion

Lead Opinion

MEMORANDUM **

Alejandro Flores-Nava and Rosalba Flores, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their applications for cancellation of removal under 8 U.S.C. § 1229b(b). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

*374 Petitioners knowingly encouraged, induced, assisted, abetted, and aided another alien — their daughter, Catherine — to illegally enter the United States. Accordingly, petitioners are not “person[s] of good moral character,” see 8 U.S.C. §§ 1101 (f)(3) and 1182(a)(6)(E)®, and therefore do not meet the requirements for cancellation of removal, see 8 U.S.C. § 1229b(b), unless one of the two alien smuggling waivers applies. See 8 U.S.C. § 1182 (a)(6)(E)(ii), (d)(ll).

Petitioners do not qualify for the waiver under 8 U.S.C. § 1182 (a)(6)(E)(ii) because they were not physically present in the United States prior to May 5, 1988. See 8 U.S.C. § 1182 (a)(6)(E)(ii). Petitioners also fail to qualify for the waiver under 8 U.S.C. § 1182 (d)(ll) because they are not aliens lawfully admitted for permanent ■residence or aliens seeking admission or adjustment of status as immediate…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.