Immigration – Removal Proceedings

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Administrative Law

7^th Circuit Court of Appeals

Officials: BAUER, MANION, and HAMILTON, Circuit Judges

Immigration – Removal Proceedings

No. 14-2935 Eugene O. Joseph v. Loretta E. Lynch

Where appellant petition for review of one of several removal orders is dismissed for failure to raise any legal or constitutional questions to the court.

“Until this petition for review, however, Joseph characterized the petition’s approval simply as “new evidence.” We are skeptical about the weight this approval might warrant, since it is the product of only an ex parte review of documents, in this case written affidavits from Joseph and his brother. We need not reach a conclusion about this issue, however, because Joseph never argued to the Board that approval of the Form I-360 constituted an “extraordinary circumstance.” Joseph cannot contend for the first time in this court that the Board overlooked evidence offered in support of an argument he never made. See Khan v. Holder, 766 F.3d 689, 696 (7th Cir. 2014); Cruz-Moyaho v. Holder, 703 F.3d 991, 998 (7th Cir. 2012). As it pertains to our jurisdiction, Joseph cannot make a colorable claim of legal error based on his own omission. Cruz-Moyaho, 703 F.3d at 998.”

Dismissed

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.