Antia-Perea v. Holder, No. 13-2737 (7th Cir. 2014)
Annotate this CaseDHS initiated removal proceedings, charging Antia with removability under 8 U.S.C. 1182(a)(6)(A)(i) as an alien present without being admitted or paroled and alleging that Antia had been convicted of “indecent liberties with a child,” a crime of moral turpitude, 8 U.S.C. 1182(a)(2)(A)(i)(I). The Form I‐213, a “Record of Deportable/Inadmissible Alien” prepared by DHS “typically a record of an immigration inspector’s conversation with an alien who will probably be subject to removal,” stated that Antia “voluntarily admitted” that he was not a citizen or U.S. national and was a citizen of Columbia. Chicago Police Department rap sheets indicated that Antia was born in Puerto Rico. Antia retained counsel and, before an IJ, declined to admit or deny the allegations against him or to designate Colombia as the country of removal. The IJ scheduled a contested hearing, but denied Antia’s request for subpoenas for the makers of “all Government documents that are coming in.” As the only witness, Antia refused to answer questions. Antia’s counsel reiterated his request to subpoena the preparers of the documents. The IJ again denied the request as overly broad; denied a request to cross‐examine the preparer of the I‐213; and rejected Antia’s challenge to the government’s failure to produce any other witnesses. The BIA affirmed. The Seventh Circuit denied a petition for review, finding none of the challenged rulings erroneous.
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