Cruz-Mayaho v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
Nos. 10-1634 et al. Cons.
Decision Date: 
October 17, 2012
Federal District: 
Petitions for Review, Orders of Bd. Of Immigration Appeals
Petitions denied and dismissed
Bd. did not err in denying series of motions to reopen and to reconsider Bd.’s 2008 order denying alien’s application for cancellation of removal where Bd. found that alien had failed to establish exceptional and extremely unusual hardship if forced to leave country. Ct. of Appeals lacked jurisdiction over alien’s appeals of Bd.’s denials of his motions to reopen case where said motions were filed more than 90 days after Bd.’s denial of alien’s cancellation of removal. Fact that alien had previously filed petition for review regarding denial of cancellation of removal or had filed motion to reconsider said denial did not serve to toll instant 90-day period. Moreover, Bd. did not err in denying alien’s second motion to reopen that contained application for asylum relief where said motion was filed outside one-year time frame for filing said applications, and where alien failed to show how conditions in Mexico had made alien unable to relocate to safer areas within Mexico.