Board did not abuse its discretion in denying petitioner’s (citizen of Mexico) request to reopen her 1992 deportation proceedings for purpose of seeking cancellation of removal relief, even though petitioner argued that under Pereira, 138 S.Ct. 2105, her 1990 Order to Show Cause was defective, because it lacked date and time of her deportation hearing. Holding in Pereira had no application to petitioner’s Order to Show Cause because Pereira concerned Notice to Appear documents that occurred after 1996 enactment of IIRIRA, and not to Order to Show Cause documents that occurred before enactment of IIRIRA. Also, petitioner failed to identify any defect in her 1992 deportation proceedings, where her Order to Show Cause complied with applicable statutes in force prior to IIRIRA. Moreover, petitioner was not eligible for cancellation of removal relief, which was only available to proceedings under IIRIRA.
Federal 7th Circuit Court
Civil Court
Immigration