By: Derek Hawkins//September 6, 2016//
7th Circuit Court of Appeals
Case Name: Ivan Mendoza Cadavedo v. Loretta E. Lynch
Case No.: 15-1914
Officials: ROVNER, SYKES, and HAMILTON, Circuit Judges. HAMILTON, Circuit Judge.
Focus: Immigration
Appellant had ample and sufficient process available to him to challenge marriage fraud.
“In any case, Cadavedo had sufficient process available to him to challenge the fraud bar. As the Attorney General points out, Cadavedo could have moved for reconsideration of USCIS’s denial of his petition for adjustment of status and challenged the bar that way. 8 C.F.R. § 103.5(a)(1)(i). Presumably, if Cadavedo could have demonstrated ineffective assistance of counsel in his original petition for adjustment of status, that could provide good reason for USCIS to reconsider its decision. If Cadavedo had taken steps to obtain an approved I-130 petition during his administrative proceedings, he could have asked immigration authorities to reconsider their denial of a continuance on the basis of that new information. 8 C.F.R. § 1003.2 (motion to reopen before Board); 8 C.F.R. § 1003.23 (motion to reopen before immigration judge); Matter of Coelho, 20 I. & N. Dec. 464, 471–72 (BIA 1992) (describing motion to remand to immigration judge). The immigration laws and regulations accorded Cadavedo sufficient process.”
Petition for review denied