Salazar-Marroquin v. Barr, No. 19-1669 (7th Cir. 2020)
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Salazar-Marroquin, a Mexican citizen, entered the U.S. with a B-2 visitor’s visa in 2000 at age 16 and stayed despite the expiration of his visa. In 2010 he was arrested for driving without a license and was served with a Notice to Appear charging him as removable under 8 U.S.C. 1182(a)(6)(A)(i), with a time and date for his hearing “to be set.” Salazar-Marroquin then received two Notices of Hearing, causing confusion, he says, that led him to miss his removal hearing. He was ordered removed in absentia. Two motions to reopen were denied.
His third motion to reopen asserted that he had been charged incorrectly because, instead of entering the country illegally, he had been admitted on a visa; because he was not removable as charged, his 10 years’ continuous presence should allow him to seek cancellation of removal if a new Notice to Appear issued. He also asserted that he should be allowed to seek adjustment of status based on his marriage to a U.S. citizen. Salazar-Marroquin filed a supplemental motion to terminate his removal proceedings because his Notice to Appear, lacking the specific time or place of the removal proceedings, was deficient and did not trigger the “stop-time” rule under 8 U.S.C. 1229b(d)(1).
The Seventh Circuit held that Salazar-Marroquin is entitled to have the Board of Immigration Appeals take a fresh look at his motion to have his case reopened based on evidence that he entered legally, despite the generally applicable time-and-number limits on motions to reopen.
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