Estrada-Hernandez v. Lynch

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 15-2336
Decision Date: 
April 8, 2016
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition denied

Record contained sufficient evidence to support IJ’s removal order against alien (citizen of Mexico) based on fact that alien had two or more convictions on crimes involving moral turpitude, three convictions on crimes involving controlled substances, and conviction based on unlawful possession of firearm. Moreover, Bd. could properly reject alien’s due process claim, alleging that IJ coerced/discouraged him from obtaining legal counsel prior to start of removal hearing and then accepted alien’s uncounseled admissions with respect to his criminal history, where: (1) IJ had repeatedly offered to continue case so that alien could attempt to obtain lawyer; (2) alien repeatedly declined said offers and confirmed he wished to proceed pro se; and (3) due process only requires that removal hearing be conducted in accordance with 8 USC section 1229a(b)(4), which, in turn, only requires that alien be given opportunity to hire lawyer. Also, govt. presented evidence to support existence of each conviction.