Israel Reyes-Cornejo v. Eric H. Holder, Jr.
734 F.3d 636
| 7th Cir. | 2013Background
- Reyes-Cornejo is in removal proceedings after an aggravated weapons conviction.
- He seeks a waiver of inadmissibility to adjust status based on his marriage to a US citizen (Gallas).
- An IJ found no extreme hardship to a qualifying relative and denied discretionary relief; the BIA affirmed.
- He moved to reopen based on new hardship evidence involving his US citizen daughter Ilena; the BIA denied.
- The court reviews both the BIA denial of the waiver and the motion to reopen and affirms the denials.
- Reyes-Cornejo has a lengthy criminal history and a US-citizen wife and daughter, with evidence of hardship to family members if removed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver eligibility requires extreme hardship and discretion | Reyes-Cornejo | Reyes-Cornejo | Waiver denied; extreme-hardship and discretion required |
| Due-process claim about IJ instructions | Reyes-Cornejo | Reyes-Cornejo | No due-process violation; discretionary relief not a liberty interest |
| Regulatory-duty claim—IJ’s record development | Reyes-Cornejo | U.S. | No statutory/regulatory violation; record development adequate |
| Motion to reopen on new evidence | Reyes-Cornejo | U.S. | BIA did not abuse discretion; new evidence not material to hardship or discretion |
Key Cases Cited
- Khan v. Mukasey, 517 F.3d 513 (7th Cir. 2008) (due-process not extended to discretionary relief)
- Lam v. Holder, 698 F.3d 529 (7th Cir. 2012) (courts lack jurisdiction over discretionary denials of relief)
- Matter of Cervantes, 22 I.&N. Dec. 560 (BIA 1999) (Cervantes factors for extreme hardship)
- Mendez-Moralez, 21 I. & N. Dec. 296 (BIA 1996) (balance of equities; negative factors require offsetting evidence)
- Kerciku v. INS, 314 F.3d 913 (7th Cir. 2003) (immigration judge may focus testimony to relevant relief)