Arreola-Ochoa v. Garland

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 21-1179
Decision Date: 
May 17, 2022
Federal District: 
Petition for Review, Order of Board of Immigration Appeals
Holding: 
Petition denied

Record contained sufficient evidence to support Board’s denial of petitioner’s request for cancellation of removal to Mexico, even though petitioner argued that his removal would work extreme hardship on his U.S.-born minor daughter. While petitioner argued that he and his family would be devastated if he were removed to Mexico, Board could properly find that consequence of petitioner’s removal was common among all individuals seeking to avoid removal, and that there was nothing exceptional or extreme about impact his removal would have on his daughter. Also, Board could properly find that petitioner’s objection to fact that his original Notice to Appear lacked time/location information was untimely, where it was asserted three years after original Notice was issued and three days prior to date of merits hearing. Moreover, petitioner waited one year after master hearing to raise instant issue. Too, petitioner failed to identify any prejudice arising out of failure to include time/location information in original Notice.