Herrera v. Sessions

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 16-4204
Decision Date: 
June 15, 2017
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition dismissed

Ct. of Appeals lacked jurisdiction to consider alien’s appeal of Bd.’s order finding that she was ineligible for relief on her application for withholding of removal due to her Wisconsin conviction on charge of first-degree reckless injury that arose out of incident in which alien was driver of car containing passenger who shot two bystanders. Ct. of Appeals cannot second-guess Bd.’s decision that alien’s conviction qualified as “particularly serious” one under section 8 USC section 1252(a)(2)(B)(ii). Moreover, alien had failed to raise legal question for review, since no rule of law prevented Bd. from regarding her conviction as particularly serious.