Cortina-Chavez v. Sessions, No. 17-2116 (7th Cir. 2018)Annotate this Case
Cortina-Chavez, a citizen of Mexico, entered the U.S. on an unknown date and place, without inspection. He was arrested for DUI in 2010. In subsequent removal proceedings, Cortina-Chavez sought cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture. An IJ denied cancellation of removal because Cortina-Chavez failed to establish that he had been continuously, physically present in the U.S. for 10 years; denied asylum because he did not submit his application within one year of arrival, and did not come within any exception; denied withholding of removal because Cortina-Chavez failed to demonstrate that he faced persecution in Mexico; and denied his CAT application because he did not establish that it was more likely than not that he would be subject to torture in Mexico. Cortina-Chavez's counsel filed a Notice of Appeal, listing seven “initial arguments,” each stated in conclusory fashion, with no citations, indicating his intent to file a brief. Cortina-Chavez did not timely file a brief. The BIA summarily dismissed his appeal and, through a single member, denied a motion for reconsideration as not identifying any error in law or fact, or any argument that was overlooked. Counsel failed to explain why the appeal was not subject to summary dismissal; did not explain why he never filed the promised brief; cited no authority for requesting a three-member panel; and did not show why his motion should be granted sua sponte. The Seventh Circuit dismissed his petition for review of the BIA’s refusal to grant sua sponte review of its prior decision and denied the remainder of the petition, noting Cortina-Chavez challenged only one of the two independent and adequate reasons for summary dismissal.