SAN FRANCISCO (CN) - The 9th circuit remanded an immigration case that raised the question of whether a Mexican immigrant who smuggled his wife into the United States is eligible for a discretionary "family unity" waiver of removal.
The Board of Immigration Appeals denied Mario Sanchez's application for cancellation of removal on the ground that he "lacked the good moral character required
The family unity wavier traditionally applies when the smuggled alien was the applicant's spouse, parent, son or daughter.
Because petitioner Mario Sanchez "appears to be eligible" for the waiver, the appeals court remanded his case to the Board of Immigration Appeals.
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