Zambrano v. Holder, No. 12-2882 (7th Cir. 2013)Annotate this Case
Reyes, a citizen of Mexico, entered the U.S. in 1979 and was granted lawful permanent resident status in 1989. In 1993, he pled guilty to two felony counts of aggravated sexual abuse of a minor. He was sentenced to six months in prison and four years of probation. As a result, he was ordered removed in 2000. He later reentered unlawfully. In 2011, he was arrested and the 2000 removal order was reinstated. He asked the Board of Immigration Appeals to reopen his removal proceeding, arguing that his initial removal was in error because he was prevented from seeking discretionary relief from removal in 2000, but intervening Supreme Court decisions show that discretionary relief should have been available at that time. The Board denied the motion, finding it untimely and that the 90-day statutory deadline should not be equitably tolled. The Board also found that the discretionary relief he sought was not available to him, despite changes in the law, because he had reentered the country unlawfully. The Seventh Circuit denied a petition for review, citing 8 U.S.C. 1231(a)(5); Reyes is barred from section 212(c) discretionary relief and his removal proceedings may not be reopened because of his illegal reentry.