By: Derek Hawkins//February 13, 2017//
7th Circuit Court of Appeals
Case Name: Martin Garcia-Hernandez v. Dana J. Boente
Case No.: 15-2835
Officials: KANNE, SYKES, and HAMILTON, Circuit Judges.
Focus: Removal Proceedings
This case lies at the intersection of immigration law and legal measures to prevent domestic violence. Even if a state court does not impose severe punishment for an alien’s violation of a domestic protective order, the immigration consequences may be severe, as in this case. Petitioner Martin Garcia‐Hernandez, a citizen of Mexico, sought cancellation of removal, arguing that his removal would cause exceptional and extremely unusual hardship for his U.S.‐citizen children. See 8 U.S.C. § 1229b(b)(1). An immigration judge concluded that he was statutorily ineligible for this discretionary form of relief because of a 2010 conviction for violating a domestic protection order in Illinois. See 8 U.S.C. § 1227(a)(2)(E)(ii). The Board of Immigration Appeals affirmed. On judicial review, we agree that Garcia‐Hernandez’s conviction renders him ineligible for the relief he seeks. We deny the petition for review
Petition Denied