Mena-Flores v. Holder, No. 13-9532 (10th Cir. 2015)
Annotate this CaseThe Department of Homeland Security initiated proceedings to remove petitioner Gustavo Mena-Flores from the United States on the ground that he was in the country illegally. Petitioner conceded removability, but applied to adjust his status to permanent residency based on his marriage to a U.S. citizen. The immigration judge eventually denied the request, stating that petitioner was ineligible for permanent residency because of a “reasonable belief” that he had participated in drug trafficking. On appeal the Board of Immigration Appeals affirmed, concluding that the immigration judge had sufficient evidence to find a reason to believe that petitioner had participated in drug trafficking. Petitioner then appealed to the Tenth Circuit for review the Board’s denial of his request for adjustment in status. While the petition was pending, the Board denied petitioner's subsequent motions to reopen the case and reconsider the denial of his motion to reopen. Petitioner then filed petitions seeking review of these denials. After review, the Tenth Circuit denied petitioner's petitions, finding no reversible error in the Board's decisions.
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