Antonio Robledo-Soto v. Lynch

Robledo‐Soto, a Mexican citizen facing deportation, sought to postpone his removal proceeding so that he could expunge a drunk‐driving conviction and then try to persuade the Department of Homeland Security (DHS) to exercise prosecutorial discretion and not prosecute his removal for entering the United States without authorization to do so, 8 U.S.C. 1182(a)(6)(A)(i). Robledo‐Soto succeeded in getting his drunk‐driving conviction expunged and he is the father of American citizen children, aged 13, 9, and 7). A process, “Deferred Action for Parents of Americans” (DAPA), is intended to allow such a person to request DHS to “defer action” in his case, however USCIS, the component of DHS that deals with applications for immigration relief, is not implementing DAPA nor accepting DAPA applications because of a preliminary injunction against its implementing DAPA upheld by the Fifth Circuit in 2015. The Supreme Court granted certiorari in that case, but deadlocked so that the Fifth Circuit’s decision stands. The Seventh Circuit dismissed a petition for review of DHS’s “non-response” to Robledo-Soto’s request as moot for lack of authority to prevent his removal. View "Antonio Robledo-Soto v. Lynch" on Justia Law