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Immigration – Removal Order

By: Derek Hawkins//October 6, 2020//

Immigration – Removal Order

By: Derek Hawkins//October 6, 2020//

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7th Circuit Court of Appeals

Case Name: Alejandro Salazar-Marroquin v. William P. Barr

Case No.: 19-1669

Officials: HAMILTON, BRENNAN, and SCUDDER, Circuit Judges.

Focus: Immigration – Removal Order

Under immigration law, it can make a big difference whether a non-citizen entered the United States legally or not. For petitioner Alejandro Salazar-Marroquin and his family, the difference is whether his marriage to a United States citizen makes him at least legally eligible for an adjustment of status that might allow him to remain in the United States lawfully. 8 U.S.C. § 1255(a). If he is not eligible and is removed after having failed to appear for his removal hearing in 2011, he will be inadmissible to the United States for five years after his removal. 8 U.S.C. § 1182(a)(6)(B).

The question of how petitioner entered the United States can be reached, however, only if petitioner can overcome several procedural obstacles, so we need to review the progress of his case in some detail. We conclude that under Fuller v. Whitaker, 914 F.3d 514 (7th Cir. 2019), petitioner is entitled to have the Board of Immigration Appeals take a fresh look at his motion to have his case reopened based on evidence that he entered legally, despite the generally applicable time-and-number limits on motions to reopen.

Petition granted and cause remanded

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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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