Delgado-Arteaga v. Sessions

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 16-1816
Decision Date: 
March 23, 2017
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition dismissed and denied in part.

Record contained sufficient evidence to support IJ’s order denying alien’s application for withholding of removal to Mexico, where said denial was based, in part, on finding that alien’s prior Illinois drug trafficking conviction qualified as “particularly serious crime,” and that alien had failed to establish either that his prior conviction did not have adverse effect on juveniles or that alien played only peripheral role in his drug-trafficking conviction. Ct. rejected alien’s claim that Bd. erred by not referring his appeal to three-member panel, where Ct. found that single Bd. member had discretion to refer alien’s case to three-member panel. While Ct. further found that Bd. had erred in engaging in fact-finding when affirming IJ’s conclusion that alien’s state-court conviction qualified as particularly serious crime, alien did not establish any prejudice where other evidence found by IJ sufficiently supported IJ’s conclusion.