United States Ninth Circuit

Petition for review of a denial of Mexican petitioner's application for cancellation of removal, which was based on his lacking the requisite good moral character due to smuggling his alien wife into the country, is granted where: 1) the case is controlled by Moran v. Ashcroft, 395 F.3d 1089 (9th Cir. 2005), which found that the "family unity" waiver provision of 8 U.S.C. section 1182(a)(6)(E)(iii) applies to applications for cancellation of removal; and 2) petitioner appeared to be eligible for the family unity waiver.

Appellate Information

• Argued 12/15/2008
• Decided 04/02/2008
• Published 04/02/2008

Judges

• Before:  ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, ANDREW J. KLEINFELD, BARRY G. SILVERMAN, M. MARGARET McKEOWN, RAYMOND C. FISHER, RICHARD A. PAEZ, CONSUELO M. CALLAHAN and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Frank P. Sprouls, Ricci & Sprouls, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Manuel Palau, Department of Justice, Washington, D.C., for the respondent.