Gutierrez-Orozco v. Lynch

Octavio Gutierrez-Orozco (Gutierrez), a native and citizen of Mexico, entered the United States illegally. Gutierrez insisted he entered the United States in March 1996. He remembered that date because his wife, who remained in Mexico, was pregnant with the second of their four children, who was born in September 1996. He claimed to have lived in the United States continuously since then, except for a brief, two-month trip back to Mexico in mid-1999 when his wife was ill, after which border patrol twice hindered his reentry. His wife joined him here sometime in 2000. Gutierrez’s immigration troubles began in February 2008, when a domestic violence incident with his teenage son led to a simple assault conviction. Shortly thereafter, the Department of Homeland Security issued a Notice to Appear, charging him as removable under the Immigration and Nationality Act (INA). Gutierrez conceded removability but requested cancellation of removal or, in the alternative, voluntary departure. The IJ conducted a hearing and concluded Gutierrez was statutorily ineligible for cancellation of removal because he did not demonstrate a ten-year continuous physical presence in the United States from April 1, 1998, to April 1, 2008; good moral character for that time period; and an exceptional and extremely unusual hardship. The IJ also denied voluntary departure because Gutierrez failed to maintain good moral character during the relevant time frame and, alternatively, as an exercise of discretion. Gutierrez appealed to the BIA for relief from the IJ’s decision. The BIA denied relief, agreeing with the IJ. Finding no reversible error, the Tenth Circuit affirmed. View "Gutierrez-Orozco v. Lynch" on Justia Law