Oluwajana v. Garland, No. 21-1804 (7th Cir. 2022)
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Oluwajana became a lawful U.S. permanent resident in 2011. In 2017, he was convicted of criminal sexual assault and aggravated criminal sexual abuse. Charged with removability, 8 U.S.C. 1227(a)(2)(A)(iii), he was unrepresented throughout immigration court proceedings. Oluwajana timely appealed his removal order and retained counsel.
His attorney requested a copy of Oluwajana’s immigration file. The BIA set a date of February 3, 2021, for any brief to be filed. As the date neared, Oluwajana’s counsel still had not received the file. The BIA extended the due date to February 24. While a second extension request was pending, counsel received the file on February 16. Counsel advised the BIA that he could not prepare a brief in time. The BIA denied the second extension request but informed counsel that he could submit a late brief with a motion for its consideration. Oluwajana’s counsel filed the motion and brief, alleging due process violations, on March 8.
The BIA rejected Oluwajana’s brief in a “cursory and factually erroneous” footnote and concluded that Oluwajana’s state convictions rendered him removable and that he was ineligible for asylum or withholding of removal or other relief. The BIA dismissed Oluwajana’s appeal without directly addressing the arguments raised in his brief. The Seventh Circuit remanded; any reasonable exercise of discretion required acceptance of Oluwajana’s brief.
The court issued a subsequent related opinion or order on May 3, 2022.
The court issued a subsequent related opinion or order on May 3, 2022.
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