After alien was found to be deportable based on his aggravated felony conviction, and after alien had unsuccessfully moved for relief under section 212(c), Bd. sua sponte remanded matter back to IJ for new determination on alien’s claim for withholding of removal under CAT based on changed condition on Iraq. On remand, IJ rejected alien’s contention that instant remand reopened his alternative request for relief under section 212(c), since remand order did not restore alien to his prior lawful permanent resident status that would allow alien to seek section 212(c) relief. Moreover, Bd. affirmed IJ’s ultimate decision that found alien ineligible for section 212(c) relief, but granted deferral of removal under CAT. Ct. rejected alien’s argument that Bd. committed legal error in finding that its own remand order did not reopen his section 212(c) claim, and there was no legal basis for forcing Bd. to reopen its original denial of alien’s request for section 212(c) relief. Also, Ct. rejected alien’s contention that certain actions taken at his section 212(c) hearing violated his due process rights, since his section 212(c) waiver request was discretionary benefit that was not subject to due process clause.
Federal 7th Circuit Court
Civil Court
Immigration