Board did not abuse its discretion in denying petitioner’s motion to reopen his application seeking cancellation of removal, where Board had previously affirmed IJ’s finding that petitioner lacked good moral character to support his cancellation application due to petitioner’s two driving while intoxicated convictions, the first of which involved petitioner driving his two minor sons while intoxicated. While petitioner supported his motion to reopen by unrebutted claim that he had abstained from drinking alcohol since 2016, Board could properly deny instant motion to reopen, after finding that petitioner’s evidence of rehabilitation did not overcome his presumed lack of good moral character resulting from his driving while intoxicated convictions. Ct further observed that Board had some leeway to hold that petitioner lacked good moral character based on first driving while intoxicated conviction.
Federal 7th Circuit Court
Civil Court
Immigration