Moral-Salazar v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-1353
Decision Date: 
February 28, 2013
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition dismissed
Ct. of Appeals lacked jurisdiction to consider alien’s appeal of Bd.’s order affirming IJ’s denial of alien’s motion to continue removal proceedings where alien requested continuance in order to pursue state-court, post-conviction proceedings seeking to vacate his guilty plea to charges of unlawful use of weapon and sexual abuse of minor that formed basis for instant removal. Jurisdictional bar set forth in 8 USC section 1252(a)(2)(C) precluded Ct. of Appeals from reviewing instant discretionary ruling on continuance motion, and alien otherwise raised no legal or constitutional basis for review where alien argued that IJ merely abused his discretion in denying him additional continuance to pursue underlying post-conviction relief.