Salazar-Marroquin v. Barr

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 19-1669
Decision Date: 
August 13, 2020
Federal District: 
Petition for Review, Order of Board of Immigration Appeals
Holding: 
Petition granted

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 U.S. citizen.