Portillo-Rendon v. Holder, No. 11-1642 (7th Cir. 2011)
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Petitioner entered the U.S. from Mexico illegally and married another undocumented alien. Their three children are U.S. citizens. Removal proceedings began after he was convicted for DUI at least four times, for driving without a license three times, and for other driving offenses. An immigration judge denied a petition for cancellation of removal, finding that petitioner lacked the requisite "good moral character." The Board of Immigration Appeals agreed. The Seventh Circuit dismissed for lack of jurisdiction, noting its bewilderment at an attempt to argue due process. Aliens do not have a liberty or property right in cancellation of removal; it is a discretionary matter. The determination of good moral character is not a matter of law, but an administrative decision not subject to judicial review.
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