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FERNANDEZ v. GONZALES

No. 02-72733.

439 F.3d 592 (2006)

Maricela M. FERNANDEZ, Danelia Fernandez Covarrubias, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2006.

Attorney(s) appearing for the Case

Jonathan Sanders, Simpson Thacher & Bartlett LLP, Palo Alto, CA, for the petitioners.

Shelley R. Goad, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before B. FLETCHER, JOHN R. GIBSON, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge.

Petitioner1 Maricela Fernandez came to the United States without inspection in 1985. She has two American citizen daughters, Stacey, age 15, and Amy, age 12. The record indicates that Fernandez's husband, whom she married in Mexico in 1974, is a lawful permanent resident. At her removal hearing in 1998, Fernandez applied for cancellation of removal based on her qualifying relative children. The

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