Cancellation of Removal – Abuse of Discretion

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7^th Circuit Court of Appeals

Case Name: Francisco Cruz-Velasco v. Merrick Garland

Case No.: 21-1642

Officials: Wood, St. Eve, and Jackson‐Akiwumi, Circuit Judges.

Focus: Cancellation of Removal – Abuse of Discretion

Cruz‐Velasco, a native and citizen of Mexico, is seeking cancellation of removal under 8 U.S.C. § 1229b(b). Cruz‐Velasco entered the U.S. without inspection in 1999. He has remained continuously present, raising his American‐born sons as a single father after the death of his partner. In 2014, Cruz‐Velasco was convicted of reckless driving, endangering safety, and operating a vehicle while intoxicated, with his nine‐ and 11‐year‐old sons in the car. In subsequent removal proceedings, Cruz‐Velasco sought cancellation of removal, 8 U.S.C. 1229b(b) To succeed, he must prove that he has been a person of good moral character during the ten years preceding the date of his application. But after two convictions for driving while intoxicated, an immigration judge held that his criminal convictions demonstrated a lack of good moral character and ordered his removal; the Board of Immigration Appeals affirmed. Cruz‐Velasco moved to reopen his application, but the Board denied his request.

The Seventh Circuit ruled that the Board relied on Matter of Castillo‐Perez to hold that Cruz‐ Velasco’s rehabilitation did not overcome the presumed lack of good moral character. Its decision to weigh the evidence consistently with the Attorney General’s opinion lay within its discretion.

Denied

Decided 01/24/23

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