Duron-Ortiz v. Holder, No. 11-3851 (7th Cir. 2012)
Annotate this CaseAfter a long history of arrests for drunken driving and other offenses, Duron-Ortiz, a citizen of Mexico who entered the U.S. illegally in 1989, was served a Notice to Appear by the Department of Homeland Security. He sought cancellation of removal, but the Immigration Judge denied his application on the grounds that, because Duron-Ortiz had served more than 300 days for two recent drunken driving arrests, he could not satisfy the good moral character requirement for cancellation of removal. The Board of Immigration Appeals affirmed. The Seventh Circuit denied review. The statute, 8 U.S.C. 1229b(b)(1), defines “good moral character” in the negative, stating that anyone who has been confined in a penal institution for an aggregate of 180 days or more during the 10-year period cannot satisfy the standard. The court deferred to the Board’s determination that the period terminates when the IJ or Board issues a final administrative decision. The court rejected an argument that the 10-year period to establish continuous physical presence and good moral character cuts off when an alien is served an NTA.
The court issued a subsequent related opinion or order on November 6, 2012.
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