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Keywords

statutemotiondomestic violence
statutemotiondomestic violence

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Moreno-Morante v. Gonzales

Facts

Approximately one month after the Department of Homeland Security issued a notice to appear charging petitioner with removability under 8 U.S.C.S. 1182(a)(6)(A)(i), petitioner was appointed as legal guardian of his five U.S. citizen minor grandchildren. Petitioner alleged that his grandchildren were abused physically and emotionally by their natural mother and respective natural fathers. In addition, he contended that both fathers were absent and that the mother had been removed to Mexico due to the domestic violence issues. Although petitioner contended that each grandchild qualified as a 'child' for purposes of cancellation of removal because they were orphans as defined by 8 U.S.C.S. 1101(b)(1)(F)(i), the court found that 1101(b)(1)(F)(i), by its plain language, was wholly inapplicable to petitioner's grandchildren.

Approximately one month after the Department of Homeland Security issued a notice to appear charging petitioner with removability under 8 U.S.C.S. 1182(a)(6)(A)(i), petitioner was appointed as legal guardian of his five U.S. citizen minor grandchildren. Petitioner alleged that his grandchildren were abused physically and emotionally by their natural mother and respective natural fathers. In addition, he contended that both fathers were absent and that the mother had been removed to Mexico due to the domestic violence issues. Although petitioner contended that each grandchild qualified as a 'child' for purposes of cancellation of removal because they were orphans as defined by 8 U.S.C.S. 1101(b)(1)(F)(i), the court found that 1101(b)(1)(F)(i), by its plain language, was wholly inapplicable to petitioner's grandchildren.

Issue

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?

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?

Rule

To be eligible for cancellation of removal, a nonpermanent resident must establish, inter alia, that 'removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.'

To be eligible for cancellation of removal, a nonpermanent resident must establish, inter alia, that 'removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.'

Analysis

The court applied the rule by examining the statutory definition of 'child' under 8 U.S.C. 1101(b)(1), which specifies that a 'child' must be an unmarried person under twenty-one years of age who falls within certain enumerated categories. The court found that Moreno's grandchildren did not meet this definition, as they were U.S. citizens themselves and thus could not be classified as 'children' for the purposes of cancellation of removal. The court also rejected the argument that the grandchildren should be considered 'qualifying relatives' based on Moreno's legal custody and guardianship, emphasizing that the law does not allow for a functional approach to defining 'child.'

The court applied the rule by examining the statutory definition of 'child' under 8 U.S.C. 1101(b)(1), which specifies that a 'child' must be an unmarried person under twenty-one years of age who falls within certain enumerated categories. The court found that Moreno's grandchildren did not meet this definition, as they were U.S. citizens themselves and thus could not be classified as 'children' for the purposes of cancellation of removal. The court also rejected the argument that the grandchildren should be considered 'qualifying relatives' based on Moreno's legal custody and guardianship, emphasizing that the law does not allow for a functional approach to defining 'child.'

Conclusion

The court denied the petition for review, concluding that Moreno lacked qualifying relatives for purposes of the hardship determination.

The court denied the petition for review, concluding that Moreno lacked qualifying relatives for purposes of the hardship determination.

Who won?

The government prevailed in the case because the court upheld the BIA's decision that Moreno's grandchildren did not qualify as 'qualifying relatives' under the relevant immigration statutes.

The government prevailed in the case because the court upheld the BIA's decision that Moreno's grandchildren did not qualify as 'qualifying relatives' under the relevant immigration statutes.

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