Reyes-Cornejo v. Holder, No. 12-3285 (7th Cir. 2013)
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Cornejo’s father came to the U.S. in 1983 and, in 1994, brought his family to this country without admission. At age 18, Cornejo began having trouble with the law, including charges of driving without a license, possession of a controlled substance and paraphernalia, first degree criminal trespass, theft and criminal mischief, and violation of probation. Between 2002 and 2005, Cornejo avoided legal problems, but in 2005 he was charged with domestic battery and criminal damage to property. In 2006 he pled guilty to aggravated unlawful use of a weapon after he brandished a firearm during an argument with a neighbor. During immigration proceedings, Cornejo had four domestic battery charges and was twice arrested for DUI. After his conviction for the weapons violation, DHS initiated removal based on his illegal presence and his conviction for a crime of moral turpitude. During proceedings, Cornejo married a citizen and a petition for an alien relative was filed on his behalf. The IJ determined that Cornejo had not shown that his removal would result in extreme hardship to a qualified relative and that, even if he had made a showing, he did not merit a favorable exercise of discretion. The BIA affirmed. Cornejo moved to reopen based on new evidence of hardship to his U.S.-citizen daughter. The BIA denied the motion. The Seventh Circuit denied review.
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