Marin-Marin v. Sessions, No. 15-2074 (2d Cir. 2017)Annotate this Case
Petitioner, a native and citizen of Ecuador, sought review of the BIA's order affirming the IJ's finding of removeability based on his unlawful entry into the United States. Petitioner, an unaccompanied juvenile of 17, entered the country without inspection to live with his mother. At issue was whether either the Fifth Amendment's due process clause or the Eighth Amendment's prohibition on cruel and unusual punishment required consideration and weighing of the proportionality of removal against the grounds for removability. The court held that no such consideration was necessary because removal was not punitive and no fair considerations were present in this case. Accordingly, the court denied the petition for review.