Gerardo Romero-Ochoa v. Eric H. Holder Jr.

Gerardo Romero-Ochoa is a native and citizen of Mexico who first came to the United States in 1973, when he was roughly 18 years old. His wife is a lawful permanent resident of the United States, and three of his five children are U.S. citizens. Mr. Romero’s mother is a lawful permanent resident of the United States and his younger brother is a U.S. citizen as well.

But Mr. Romero is not a lawful permanent resident; in the eyes of the immigration laws, he is an “alien present in the United States without being admitted or paroled,” and is thus subject to removal. 8 U.S.C. § 1182 (a)(6)(A)(i). In 2005, the government initiated removal proceedings against him, prompted by his then-recent 2004 conviction for vehicular manslaughter. Mr. Romero pleaded guilty to killing a person while unlawfully driving under the influence of alcohol in violation of California Penal Code § 192(c). He received a sentence of 16 months in prison and served approximately half of that time in custody.

Mr. Romero conceded removability and filed an application for cancellation of removal or, in the alternative, for voluntary departure. To be eligible for such relief, Mr. Romero had to show, among…