Nunez-Moron v. Holder, No. 11-2317 (7th Cir. 2012)
Annotate this CaseNunez illegally entered the U.S. in 1992. In 1998, his father’s I-130 Petition on Nunez’s behalf was approved. In 1999, Nunez was convicted of misdemeanor battery. Nunez contends that, on that date, he was illegally removed, but the record only shows that Nunez was subjected to expedited removal a week later, when he attempted to enter California with a resident-alien card for “Mendoza-Gutierrez.” Under oath, Nunez stated that the card was not his; that he lacked documentation to enter; that he had no immigration applications pending; and that he previously had never been in the U.S. Nunez was informed that he could not re-enter for five years. Nunez re-entered in 1999. The IJ concluded that Nunez was not eligible for cancellation of removal because he had not remained physically present in the U.S. for 10 years prior to application, 8 U.S.C. 1229b(b)(1). Before the Board ruled, his wife became a citizen and filed an I-130 petition. Following remand, an IJ held that Nunez was ineligible for adjustment of status because he had illegally re-entered. The Board agreed, although the previous removal order never had been reinstated. Nunez was ineligible for cancellation because he was not physically present for 10 years. The Seventh Circuit denied appeal.
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