Record contained sufficient evidence to support IJ’s denial of alien’s application for cancelation of removal, even though alien asserted that govt. had failed to demonstrate that he had entered U.S. without inspection. IJ could properly find that govt. established alien’s alienage based on alien’s statements contained in Form I-213 that was completed by DHS agent, since: (1) such Form is treated as inherently trustworthy and admissible even without testimony of agent who prepared it; and (2) alien failed to present evidence that cast doubt on substance in said Form. Moreover, alien failed to present any evidence to support his claim that he was in stressful situation at time he supplied information to agent when filling out Form I-213, or that agent’s conclusion in said Form that alien was citizen of Mexico was false. Also, alien failed to satisfy continuous residence requirement for cancelation of removal relief, where alien was unable to testify confidently that his trips to Mexico within last 10 years did not exceed 90 days individually or 180 days cumulatively.
Federal 7th Circuit Court
Civil Court
Immigration