Deportation – Removal – Lack of Jurisdiction

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7^th Circuit Court of Appeals

Case Name: Marcela Herrera-Ramirez

Case No.: 16-4204

Officials: WOOD, Chief Judge, and MANION and HAMILTON, Circuit Judges.

Focus: Deportation – Removal – Lack of Jurisdiction

Maricela Herrera-Ramirez is fighting deportation from the United States. She is a citizen of Mexico, but she has been living in this country without the right to do so since she was six years old. She is married and has four U.S.-citizen children. She found herself facing removal after a

violent incident on December 30, 2011, in which she was involved with a drive-by shooting near a Milwaukee bar where she had been with her friends. State criminal proceedings followed, and in time she came to the attention of U.S. Immigration and Customs Service, known as ICE, which instituted removal proceedings against her. First an Immigration Judge (IJ) and then the Board of Immigration Appeals (BIA) found that her offense was a “particularly serious crime” for immigration purposes, and thus that she was ineligible for withholding of removal (the only possible relief). She has filed a petition for review from that determination, but we conclude we lack jurisdiction over it because there is no legal issue before us, and so we dismiss on that basis.

Petition Dismissed

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Attorney Derek A. Hawkins is the managing partner 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.