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Immigration – Cancellation of Removal Proceedings

By: Derek Hawkins//December 5, 2017//

Immigration – Cancellation of Removal Proceedings

By: Derek Hawkins//December 5, 2017//

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7th Circuit Court of Appeals

Case Name: Gabriela Rodriguez v. Jefferson B. Sessions, III

Case No.: 17-1568

Officials: BAUER and HAMILTON, Circuit Judges, and DARROW, District Judge

Focus: Immigration – Cancellation of Removal Proceedings

This case presents a question closely connected with one this Court recently decided: when does a conviction for violating a protective order make a person ineligible for the cancellation of removal proceedings?

Gabriela Rodriguez was placed in removal proceedings— that is, she was scheduled to be deported—some 10 years after she entered this country from Mexico without inspection by United States authorities. She sought cancellation of her removal on the ground that it would cause her five dependent children, whom she raises alone, exceptional hardship. See 8 U.S.C. § 1229b(b)(1). One of her children is a cancer survivor who requires routine doctor visits to monitor his remission. The immigration judge who handled Rodriguez’s case decided that she was statutorily ineligible for cancellation because she had been convicted of violating an order of protection in 2001. See 8 U.S.C. § 1227(a)(2)(E)(ii). The Board of Immigration Appeals affirmed this decision. Because Rodriguez is ineligible for cancellation, we agree, and deny the petition for review.


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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 or contact them at 262-737-8825.


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