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Immigration — relief from removal

By: WISCONSIN LAW JOURNAL STAFF//April 1, 2014//

Immigration — relief from removal

By: WISCONSIN LAW JOURNAL STAFF//April 1, 2014//

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U.S. Court of Appeals for the Seventh Circuit

Civil

Immigration — relief from removal

Prosecutorial discretion in immigration enforcement is not subject to judicial review.

“The Patels offer two replies, but both are unavailing. First, they argue that, even if the Board properly denied their motion, the Board should have reopened the proceedings sua sponte. But we do not review the Board’s decisions not to reopen sua sponte. See Shah v. Holder, 736 F.3d 1125, 1126 (7th Cir. 2013); Anaya–Aguilar v. Holder, 683 F.3d 369, 372–73 (7th Cir. 2012). Second, they insist that, despite the untimeliness of their motion, the Board should have reopened their case as a favorable exercise of prosecutorial discretion, following the advice in the memorandum from Immigration and Customs Enforcement. This contention is flawed on several levels. The Board is not empowered to exercise prosecutorial discretion in agency enforcement of immigration laws. See Kim v. Holder, 737 F.3d 1181, 1185 (7th Cir. 2013). Also, government decisions about prosecutorial discretion in immigration enforcement are not subject to judicial review. Id. Moreover, the memorandum explicitly states that it does not create any rights or benefits enforceable at law. Finally, the Patels have never explained how a favorable exercise of discretion is the proper reward for their decision to flout the grant of voluntary departure in 2002, the purpose of which was to facilitate removal ‘without requiring the agency and courts to devote resources to the matter.’ Alimi v. Ashcroft, 391 F.3d 888, 892 (7th Cir. 2004).”

Petition Denied.

13-2442 Patel v. Holder

Petition to Review an Order of the Board of Immigration Appeals, Rovner, J.

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