Immigration- Cancellation of Removal

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7^th Circuit Court of Appeals

Case Name: Juan Santiago Lopez v. Merrick Garland

Case No.: 23-2081

Officials: Ripple, Brennan, and Scudder, Circuit Judges.

Focus: Immigration- Cancellation of Removal

Juan Santiago Lopez, a Mexican national, sought to challenge an immigration judge’s decision denying his request for cancellation of removal. Lopez had resided in the United States for nearly 20 years, working continuously for the same employer and raising four children with his wife. Despite these positive aspects, he had accumulated three convictions for driving under the influence. Following his third conviction, the Department of Homeland Security commenced removal proceedings against him. Lopez admitted his removability but applied for cancellation of removal, emphasizing the significant hardship his removal would impose on his wife and family.

The immigration judge denied Lopez’s request for cancellation but allowed him the option of voluntary departure. While the judge recognized Lopez’s long-term residency, steady employment, and family connections in the U.S., these positive factors were outweighed by his repeated offenses of drunk driving and disregard for U.S. laws. The Board of Immigration Appeals upheld the judge’s decision.

Lopez then appealed to the Seventh Circuit, contesting the immigration judge’s discretionary ruling and arguing that the absence of date and time details in his Notice to Appear necessitated the termination of removal proceedings. The court dismissed his appeal for lack of jurisdiction, referencing the Supreme Court’s ruling in Wilkinson v. Garland, which established that courts do not have jurisdiction to review substantive challenges to an immigration judge’s discretionary denial of cancellation of removal. Additionally, the court dismissed Lopez’s argument regarding the Notice to Appear, stating that objections to such procedural issues must be raised promptly or risk being forfeited.

Petition for Reivew Denied

Decided 06/24/24

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