Patel v. Holder, No. 13-2442 (7th Cir. 2014)Annotate this Case
Jyotsnaben Patel was admitted to the U.S. in 1992 as a nonimmigrant visitor; her husband, Pravin, entered illegally six months later. They applied for asylum and were charged with removability: Jyotsnaben because she had overstayed her visa, 8 U.S.C. 1227(a)(1)(B), and Pravin under 8 U.S.C. 1182(a)(6)(A)(I). An immigration judge found them not credible, denied the applications, and granted voluntary departure. The Patels failed to comply, which rendered them inadmissible for 10 years, 8 U.S.C. 1182(a)(9)(A). With no brief on file, the BIA dismissed an appeal in 2004 and ordered them to leave within 30 days. Still in the U.S. seven years later, they sought to stay removal for humanitarian reasons. ICE granted their application permitting them to remain for one year. Instead of seeking to adjust status, the Patels moved to reopen the removal proceedings in May 2013, so that they could seek government consent to have the proceedings administratively closed. After that, the Patels believed, they could seek a provisional waiver of inadmissibility on the basis of their citizen-daughter, then travel abroad to apply for a visa to return legally. DHS opposed and the BIA denied the motion, as filed after the 90-day period for motions to reopen. The Seventh Circuit denied a petition for review.