Parada-Orellana v. Garland, No. 19-60645 (5th Cir. 2021)
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Parada-Orellana, a citizen of El Salvador, entered the U.S. in 2005 and was detained. She was served while in detention with a notice, ordering her to appear at a date and time to be set. ICE agents advised Parada-Orellana that she would need to update her address with the immigration court. Parada-Orellana claims she gave her “immigration papers” to her uncle’s wife, who misplaced them. Parada-Orellana relocated to Maryland without updating her address. An IJ ordered Parada-Orellana to be removed in absentia, reasoning that because she failed to provide her address, the court was not required to provide her with written notice of her hearing.
In 2010, ICE detained Parada-Orellana. After her release, she consulted lawyers but did not address the deportation order. In 2015, Parada-Orellana married Ferman, a U.S. citizen. Parada-Orellana claims she helps Ferman run his business and manage his medical conditions. They do not have children together. Ferman filed an I-130 petition for alien relative, which was approved. Parada-Orellana then moved to reopen her removal proceedings to rescind her removal order or to allow her to apply for cancellation of removal because her husband would suffer exceptional and unusual hardship without her support.
An IJ determined that Parada-Orellana was entitled to equitable tolling of the deadline for her motion, considering the Supreme Court’s Pereira decision, but denied the motion on the merits. The BIA dismissed an appeal. The Fifth Circuit denied a petition for review. While Parada-Orellana did not have a “full merits” hearing on her application for cancellation, the BIA’s conclusion that she failed to establish a prima facie case for the underlying relief is a discretionary decision barred from review by 8 U.S.C. 1252(a)(2)(B)(i).
The court issued a subsequent related opinion or order on January 3, 2022.
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