Cruz-Mayaho v. Holder, No. 10-1634 (7th Cir. 2012)
Annotate this CaseIn 1989, Cruz entered the U.S. without inspection. In 2005 a Notice to Appear issued, initiating removal proceedings. Cruz applied for cancellation of removal pursuant to 8 U.S.C. 1229b(b), which gives the Attorney General discretionary power to allow an alien to remain. The IJ concluded that Cruz met the requirement of 10 years’ continuous physical presence, that he was a person of good moral character, and that he had no disqualifying convictions on his record, but Cruz did not satisfy the final requirement: that the alien establish that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen. The Board affirmed. The Seventh Circuit denied several petitions, noting that his petition for asylum was untimely and that dangerous conditions in Mexico did not justify granting his petition in any event. There was no evidence of any improper motive directed personally against Cruz and there was a rational basis for the Board’s decision.
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