Legal Opinion

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

Court of Appeals for the Ninth Circuit

Decided June 21, 2007No. 05-75376PublishedCited by 34 opinions

1Opinion of the Court

MICHAEL DALY HAWKINS, Circuit Judge.

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…

2Cases cited13 opinions

  1. Hector Montero-Martinez Gregorio Pedro Montero-Hernandez v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 2002
  2. Immigration & Naturalization Service v. PhinpathyaSupreme Court of the United States · 1984
  3. BURBANOBoard of Immigration Appeals · 1994
  4. Almaz Sayoum Abebe Sisay Mengistu v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  5. Engine Manufacturers Ass'n v. South Coast Air Quality Management DistrictSupreme Court of the United States · 2004

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3Cited by34 opinions

  1. Ren v. HolderCourt of Appeals for the Ninth Circuit · 2011
  2. Mendez-Castro v. MukaseyCourt of Appeals for the Ninth Circuit · 2009
  3. Pareja v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2010
  4. Vizcarra-Ayala v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  5. Luis Juarez Alvarado v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014

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