Garcia-Marin v. Garland, No. 20-3393 (7th Cir. 2022)
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Marin entered the U.S. illegally as a child in 1988 and was removed within months. He illegally reentered, was ordered removed in 1997,
and was removed to Mexico. He illegally reentered, returned to Mexico, and reentered again—most recently in 2004, then remained in the U.S., accumulating convictions for residential burglary, domestic battery, illegal firearm possession, and four DUIs. DHS located Marin in an Illinois prison and reinstated the 1997 removal order. Because Marin has been convicted of residential burglary, an aggravated felony, he is inadmissible for 20 years, 8 U.S.C. 1182(a)(9)(A)(i), and is barred from seeking withholding of removal under the Immigration and Nationality Act or the Convention Against Torture.
He sought deferral of removal under the Convention. An asylum officer determined that he had a reasonable fear of torture; he was placed in “withholding only” proceedings. The judge granted deferral of removal. The BIA reversed and ordered him removed. Marin petitioned for review but did not seek a stay of removal from the court. His request for a DHA administrative stay was denied. He was removed while his case was pending. The Seventh Circuit dismissed a petition for review. Because he seeks only deferral of removal in a withholding-only proceeding, his removal moots his claim for relief.
The court issued a subsequent related opinion or order on February 28, 2024.
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