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In re Monreal-Aguinaga

23 I. & N. Dec. 56 (2001)

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In re Monreal-Aguinaga

Board of Immigration Appeals
23 I. & N. Dec. 56 (2001)

Facts

Francisco Javier Monreal-Aguinaga (plaintiff) was a native and citizen of Mexico who entered the United States in 1980 at the age of 14. Monreal-Aguinaga was the father of three children—an infant, an eight-year-old, and a 12-year-old. The older children were fluent in Spanish. Monreal-Aguinaga’s wife voluntarily departed to Mexico shortly before Monreal-Aguinaga’s immigration hearing, taking their infant with her. Monreal-Aguinaga’s parents had lawfully immigrated to the United States and did not require Monreal-Aguinaga’s care. Monreal-Aguinaga also had seven siblings who lawfully resided in the United States. Monreal-Aguinaga had been employed at his uncle’s company since he arrived in the United States and was the sole financial support for the older children. Monreal-Aguinaga also periodically sent money to support his wife and infant in Mexico. In 1998, Monreal-Aguinaga conceded at immigration proceedings that he was removable from the United States. Monreal-Aguinaga applied for cancellation of removal under § 240A(b) of the Immigration and Nationality Act (INA). An immigration judge denied Monreal-Aguinaga’s application and granted his request for voluntary departure. Monreal-Aguinaga appealed the denial of his application to the Board of Immigration Appeals.

Rule of Law

Issue

Holding and Reasoning (Holmes, J.)

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Immigration Law