By: WISCONSIN LAW JOURNAL STAFF//October 16, 2013//
United States Court of Appeals For the Seventh Circuit
Civil
Immigration – removal — forfeiture
An illegal reentry after removal permanently bars reopening that earlier removal order.
“In this case, Cordova-Soto flouted this country’s laws by reentering illegally rather than filing a timely motion to reopen. Now, after being caught, she wants the BIA and this court to allow her to attack belatedly her 2005 removal order. The fugitive disentitlement doctrine is discretionary, see Jacob, 714 F.3d at 1034; Gutierrez-Almazan v. Gonzales, 453 F.3d 956, 957 (7th Cir. 2006), but it is also a judicially created rule. The language of § 1231(a)(5) barring relief here is a mandatory directive in a statute.”
Petition Denied.
12-3392 Cordova-Soto v. Holder
Petition for Review of an Order of the Board of Immigration Appeals, Hamilton, J.