United States Court of Appeals For the Seventh Circuit
Immigration — waiver of inadmissibility
Where an alien has a long criminal history, it was not an abuse of discretion to deny his waiver of inadmissibility.
“[T]here was no abuse of discretion in the BIA’s alternative holding that, assuming a showing of extreme hardship, the new evidence did not merit a favorable exercise of discretion. In reaching this conclusion, the BIA considered Mr. Reyes-Cornejo’s extensive criminal history, the variety of crimes Mr. Reyes-Cornejo had committed and the length of time that Mr. Reyes-Cornejo’s criminal actions spanned. In Mendez-Moralez, 21 I. & N. Dec. at 301, the BIA observed that, ‘as the negative factors grow more serious, it becomes incumbent upon the applicant to introduce additional offsetting … evidence’ of hardship or other favorable factors. Given Mr. Reyes-Cornejo’s history of criminal involvement, which extended beyond the time he was issued his notice to appear, it was not irrational for the BIA to conclude that Mr. Reyes-Cornejo did not merit a favorable exercise of discretion, even considering any additional hardship to Ilena.”
Petitions for Review of an Order of the Board of Immigration Appeals, Ripple, J.