Ct. of Appeals granted alien-citizen of Mexico’s motion to stay his removal pending appeal, where alien alleged that Bd. had erred in failing to grant his motion to reopen removal proceeding based on allegations that his trial counsel had failed to adequately prepare him for removal proceeding by presenting evidence that two of alien’s children spoke only little Spanish and other child had serious medical condition requiring months of physical therapy. Stay of removal pending appeal was appropriate since: (1) Bd. had failed to adequately explain its observation that alien’s new evidence would not have altered outcome of removal proceeding; and (2) govt. had failed to respond to alien’s claim that his removal would cause severe hardship for his family.
Federal 7th Circuit Court
Civil Court
Immigration