Immigration – Removal Order – Abuse of Discretion

By: Derek Hawkins//January 28, 2020//

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7^th Circuit Court of Appeals

Case Name: Elvira Garcia-Arce v. William P. Barr

Case No.: 19-1453; 19-2312

Officials: FLAUM, HAMILTON, and BARRETT, Circuit Judges.

Focus: Immigration – Removal Order – Abuse of Discretion

Elvira Garcia‐Arce seeks withholding of removal to Mexico under the Immigration and Nationality Act and the Convention Against Torture. She has filed two petitions for review of orders of the Board of Immigration Appeals (the “Board”). We deny both petitions. As to the first petition, the Board’s decision affirming the denial of Garcia‐ Arce’s withholding application was supported by substantial evidence. As to the second petition, the Board did not abuse its discretion in concluding that Garcia‐Arce’s prior counsel’s assistance was not so deficient that Garcia‐Arce was prevented from reasonably presenting her case.

Petition Denied

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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