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MORENO-MORANTE v. GONZALES

No. 05-75376.

490 F.3d 1172 (2007)

Macario MORENO-MORANTE, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2007.

Attorney(s) appearing for the Case

Cesar Luna, Luna & Associates, San Diego, CA, for the petitioner.

Bryan Beier (argued) and Luis E. Perez (briefed), Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: B. FLETCHER, EUGENE E. SILER, JR., and HAWKINS, Circuit Judges.

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...

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