Remand was required for Board to reconsider alien’s 2018 motion to reopen removal proceedings that had ended in 2011 with entry of removal order after alien had failed to appear at his removal hearing. Gist of alien’s motion was his claim that, contrary to charge in his Notice to Appear that he was removable because he was alien present in U.S. without having been properly admitted, he had actually been properly admitted on visitor’s visa and had only overstayed said visa. Moreover, record suggested that Board had misapprehended principal basis for his motion to reopen. As such, Board must adjudicate alien’s argument that he was charged incorrectly in 2011 and then determine whether alien’s alleged legal entry into U.S. merits reopening of his removal proceedings. Also, if alien is correct, he might be eligible to seek cancellation of removal or some other relief as spouse of
Federal 7th Circuit Court
Civil Court
Immigration