Marin-Garcia v. Holder, No. 10-3912 (7th Cir. 2011)
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Petitioner, a Mexican citizen, entered the United States in 1991 without inspection and was eligible for removal 8 U.S.C. 1182(a)(6)(A)(i), 1227(a)(1)). He married a woman who also lacks legal status. Their three daughters, ages 10-15, are citizens. They are not literate in Spanish and have health problems. In 2003, the Department of Homeland Security initiated removal proceedings. Petitioner sought cancellation of removal under 8 U.S.C. 1229b(b). The immigration judge concluded that removal would not result in exceptional and extremely unusual hardship to the citizen-children. The Board of Immigration Appeals dismissed an appeal. The Seventh Circuit denied review, first holding that petitioner had standing and that it had jurisdiction to consider whether removal would be unconstitutional with respect to the children, but rejecting the claim on the merits.
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