Duron-Ortiz v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-3851
Decision Date: 
October 15, 2012
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied
Bd. did not err in affirming IJ’s order denying alien’s application for cancellation of removal where record showed that alien had spent over 300 days incarcerated for two recent drunken driving arrests. Alien’s recent incarcerations prevented him from establishing good moral character necessary to satisfy statutory elements for cancellation of removal. Moreover, under Ortega-Cabrera, relevant 10-year period (during which incarceration must occur) ends immediately prior to date of final administrative decision in removal proceedings, rather than date when alien is served with Notice to Appear that initially placed alien in formal removal proceedings, as advocated by alien.