Perez-Fuentes v. Lynch, No. 14-2504 (7th Cir. 2016)
Annotate this CasePerez-Fuentes entered the U.S from Mexico without inspection; his date of entry is not clear. After he was arrested several times DHS charge Perez-Fuentes as removable for being present without inspection, 8 U.S.C. 1182(a)(6)(A)(i). Perez-Fuentes proceeded pro se, but with the aid of an interpreter, and testified that he is a parent of a daughter, Esmeralda, who is a U.S. citizen, and that he first entered the U.S. in 1995 and returned after a departure sometime in 1998. Perez-Fuentes sought cancellation of removal, 8 U.S.C. 1229b(b). At the conclusion of a hearing at which Perez-Fuentes presented testimony, the IJ denied relief, finding that Perez-Fuentes failed to present documentary evidence to support his claim that he worked continuously in the U.S.; that Perez-Fuentes did not establish the good moral character requirement, noting three domestic battery arrests and evidence that Perez-Fuentes may have underreported his income for tax purposes; and lack of proof that removal would result in “exceptional and extremely unusual hardship” to Esmeralda. The BIA affirmed. The Seventh Circuit denied a petition for review, noting that it generally lacks jurisdiction to review denials of discretionary relief and that Perez-Fuentes had not exhausted his remedies with respect to claimed procedural errors.
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