Sunday, July 18, 2010
The 7th Circuit Court of Appeals recently joined the 6th Circuit, 9th Circuit and 4th Circuit in deciding that the Board of Immigration Appeals has jurisdiction despite an immigrant’s deportation. But the 2nd Circuit, 3rd Circuit and 11th Circuit have disagreed with their counterparts, leaving the possibility that the U.S. Supreme Court may have to settle the matter.
The 7th Circuit told the Board of Immigration Appeals it can reopen cases such as that of José Concepcion Marin-Rodriguez, a Mexican citizen who spent 17 years in the United States illegally until being deported in 2005.
Convicted of using fraudulent documents to get a job, Marin-Rodriguez applied for amnesty, but was turned down after failing to submit the necessary fingerprints for a criminal background check. When he submitted the fingerprints after arriving back in Mexico, the Board of Immigration Appeals granted his motion for reconsideration. But the Department of Homeland Security refused to go along, saying it lacked jurisdiction after deportation.
-Noel Brinkerhoff
Court Allows Review of Cases After Deportation (by Joe Celentino, Courthouse News Service)
Jose Concepcion Marin-Rodriguez v. Eric Holder (U.S. Court of Appeals, Seventh Circuit) (pdf)
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