Cruz-Moyaho v. Holder

Moyaho, a Mexican citizen, first entered the U.S. in 1995, “without inspection.” Since then, he has lived and worked in the U.S., paid taxes, and, with his wife, raised three children, each born in the U.S. In 2005, DHS instituted removal proceedings. -Moyaho admitted his unlawful status, but applied for cancellation of removal under 8 U.S.C. 1229b(b), which provides for cancellation if the alien has been continuously present for 10 years; displays good moral character; has not been convicted of specified offenses; and removal would result in “exceptional and extremely unusual hardship” to a qualifying relative. The application was denied on the ground that Moyaho did not demonstrate that his children would suffer qualifying hardship. The Board affirmed. He brought a number of motions, which were denied. The Seventh Circuit held that it lacked jurisdiction over most of Moyaho’s claims and that the Board did not err in denying his other motions. View "Cruz-Moyaho v. Holder" on Justia Law