Solis-Chavez v. Holder, No. 10-1354 (7th Cir. 2011)
Annotate this CasePetitioner, a native of Guatemala and a lawful permanent resident in the U.S. since 1980, faced removal as a result of a 1989 Illinois conviction for sexual abuse of a minor. He initially argued that he was not subject to removal because the judge who convicted and sentenced him issued a judicial recommendation against deportation. Before the immigration judge, petitioner's attorney conceded, without consulting his client, that the JRAD was invalid because it was entered outside the 30-day postsentencing window specified in the JRAD statute 8 U.S.C. 1251 (repealed in 1990). He retained new counsel, but the Board of Immigration Appeals held that prior counsel had waived the issue and denied a motion to reopen. The Seventh Circuit remanded. The JRAD was valid. Although it was entered about a month outside the 30-day postsentencing window, the state-court record confirms that the judge unequivocally indicated her intent to retain jurisdiction for the express purpose of considering a JRAD, and the JRAD entered without opposition from immigration authorities or the prosecutor.
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