Gallegos v. Garland, No. 20-3036 (8th Cir. 2022)
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Gallegos, a citizen of Mexico, gained Lawful Permanent Resident status through her marriage to a U.S. citizen. After Gallegos petitioned to dissolve the marriage, DHS concluded that the marriage was fraudulent. DHS filed a Notice to Appear, charging Gallegos as removable under 8 U.S.C. 1227(a)(1)(A) as an alien who was inadmissible at the time she adjusted her LPR status because she procured admission through fraud (8 U.S.C. 1182(a)(6)(C)(i)); under section 1227(a)(1)(A) because she did not possess valid immigration documents when she sought readmission as an LPR (1182(a)(7)(A)(i)(I)); and under 1227(a)(1)(G)(ii) for failing or refusing to fulfill a marital agreement which was made for the purpose of procuring admission as an immigrant.
The immigration court later mailed an amended Notice, informing Gallegos her hearing was rescheduled. Gallegos failed to appear at the rescheduled hearing. The IJ ordered Gallegos removed in absentia. Gallegos argued that exceptional circumstances prevented her from attending the hearing. Gallegos admitted to receiving the amended Notice but explained that she misplaced it and incorrectly remembered the hearing date because of mental health issues, claiming she was treated for depression and anxiety and was involuntarily hospitalized. The BIA affirmed the denial of relief, finding that Gallegos did “not show that her mental condition was causally related to her failure to appear.” The Eighth Circuit denied a petition for review, finding no exceptional circumstances justifying Gallegos’s failure to appear.
Court Description: [Grasz, Author, with Erickson and Stras, Circuit Judges] Petition for Review - Immigration. The Board of Immigration Appeals did not abuse its discretion in denying petitioner's motion to reopen removal proceeding and to rescind an in absentia order of removal; the Board did not abuse its discretion in determining petitioner failed to show exceptional circumstances prevented her from attending her removal hearing; the Board provided sufficient reasoning for its decision and its legal conclusion concerning a challenge to the IJ's order.
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