Nunez-Moron v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-2317
Decision Date: 
October 30, 2012
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied
Bd. did not err in denying alien’s application for cancellation of removal, as well as his I-130 petition for adjustment of status where record showed that alien was previously subjected to expedited removal in 1999 and had attempted to re-enter U.S. illegally approximately one week later. Alien was ineligible for cancellation of removal because his previous expedited removal had prevented him from being physically present in U.S. for 10-year period as required under 8 USC section 1229b(b)(1). Moreover, alien was also ineligible for adjustment of status relief under 8 USC section 1182(a)(9)(C)(i)(II) since he had illegally re-entered U.S. after having been removed.