Reyes-Cornejo v. Holder

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 12-1712 & 12-3285 Cons.
Decision Date: 
October 28, 2013
Federal District: 
Petition for Review, Bd. of Immigration Appeals
Holding: 
Petition denied
Record contained sufficient evidence to support IJ’s denial of alien’s request for waiver of inadmissibility, after alien had been placed in removal proceedings following his conviction on aggravated weapons charge, where IJ found that alien had failed to show that said removal to Mexico would result in extreme hardship to alien’s family, and where IJ further found that alien’s extensive criminal activity did not merit favorable exercise of discretion. Instant financial, child-care and emotional burdens to alien’s wife and daughters were present in many situations involving removal and were insufficient to constitute extreme hardship, and IJ gave pro se alien adequate opportunity to present evidence in support of his claim. Moreover, alien’s criminal history, that included weapons conviction and theft and domestic abuse charges over 10-year period, required that alien present more evidence of extreme hardship. Also, Bd. did not err in denying alien’s motion to reopen proceedings to present “new” evidence regarding violence in Mexico and special needs of his daughters, where most of proffered evidence was known at time of original hearing, and where alien failed to show that his removal would seriously affect treatment of his daughter’s language disorder.