Immigration — relief from removal

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United States Court of Appeals For the Seventh Circuit

Civil

Immigration — relief from removal

Where an alien illegally reentered the country after removal, he is ineligible for relief from removal.

“We agree with the Board that 8 C.F.R. § 1003.44(k)(2) bars Zambrano-Reyes from seeking section 212(c) discretionary relief because of his illegal reentry, despite the later developments in St. Cyr and Judulang. In publishing the rule, the Department of Justice commented that ‘the decision to preclude aliens under a deportation or removal order from obtaining section 212(c) relief is grounded in Congress’s intent to limit its availability to those not under deportation orders.’ 69 Fed. Reg. at 57828. The Sixth Circuit has held that 8 C.F.R. § 1003.44(k)(2) barred a permanent resident from seeking section 212(c) relief where he was subject to a final order of removal and his reentry into the United States was only for the purpose of standing trial. See Mansour v. Gonzales, 470 F.3d 1194, 1200 (6th Cir. 2006). Here, there is no question that Zambrano-Reyes entered the country unlawfully after having been removed pursuant to a final order of removal. Under 8 C.F.R. § 1003.44(k)(2), even if the Board were to reopen Zambrano-Reyes’s removal proceedings, the discretionary relief he seeks would still not be available to him.”

Petition Denied.

12-2882 Zambrano-Reyes v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Hamilton, J.