Reyes-Sanchez v. Holder, No. 10-2122 (7th Cir. 2011)
Annotate this CasePetitioner, a native of Mexico, entered the United States illegally in 1987, married the next year, eventually raising three children, and remained until returning briefly to Mexico in August 2001. Border Patrol apprehended her as she attempted to re-enter. In custody, petitioner completed a Form I-826 "Notice of Rights and Request for Disposition" in which she admitted her illegal presence, waived a hearing, and agreed to return to Mexico. In May 2003, she was apprehended in an unrelated immigration raid. She applied for cancellation of removal, but the Immigration Judge found her ineligible. The Bureau of Immigration Appeals and Seventh Circuit affirmed. The 2001 border apprehension and subsequent decision to admit illegal presence and return to Mexico had the effect of a break in continuous physical presence within the United States (8 U.S.C. 1229b(b)(1)(A)). The incident amounted to a formal, documented process; petitioner was taken into custody and the form adequately explained the legal consequences.
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