Delgado-Arteaga v. Sessions, No. 16-1816 (7th Cir. 2017)Annotate this Case
Delgado, a citizen of Mexico, entered the U.S. without inspection three times, most recently in May 1999. In December 2009, he was convicted in Illinois state court of felony possession of cocaine with intent to deliver and sentenced to six months’ imprisonment. In 2015, DHS initiated removal proceedings. More than seven years and three petitios later, the Board of Immigration Appeals affirmed an IJ’s denial of withholding of emoval, 8 U.S.C. 1231(b)(3), and relief under the Convention Against Torture, 8 C.F.R. 1208.16(c). Delgado challenged aspects of the expedited removal process under 8 U.S.C. 1228(b) and a corresponding regulation and claimed that the Board committed various legal errors. The Seventh Circuit dismissed Delgado’s petition for review in part for lack of jurisdiction. Asylum is a form of discretionary relief in which “there is no liberty interest at stake.” The court denied the remainder of his arguments. The Board engaged in impermissible fact-finding, but the error was harmless.
The court issued a subsequent related opinion or order on May 12, 2017.