Jesus Arreola-Ochoa v. Merrick B. Garland


In the United States Court of Appeals For the Seventh Circuit ____________________ No. 21-1179 JESUS MIGUEL ARREOLA-OCHOA, Petitioner, v. MERRICK B. GARLAND, Attorney General of the United States, Respondent. ____________________ Petition for Review of an Order of the Board of Immigration Appeals. No. A206-305-102. ____________________ ARGUED JANUARY 19, 2022 — DECIDED MAY 17, 2022 ____________________ Before WOOD, HAMILTON, and JACKSON-AKIWUMI, Circuit Judges. WOOD, Circuit Judge. Jesus Arreola-Ochoa is seeking can- cellation of his removal from the United States. He asserts that he is entitled to this relief based on the hardship that would result to his family should he be forced to return to Mexico. First an immigration judge and then the Board of Immigration Appeals denied his petition, and so he has brought his case to 2 No. 21-1179 this court. Finding nothing in the Board’s action that would warrant the relief he seeks, we deny the petition for review. I A Arreola has been living in the United States without au- thorization to do so for more than 25 years. He illegally en- tered the country in March 1996, and he has been here ever since. He and his partner Maria have two children, Elizabeth and Allison. Both Elizabeth and Allison are U.S. citizens by birth, and they live with their parents. In addition, Maria has two daughters from a prior relationship, Areli and Saira, both of whom also live with her and Arreola. Finally, the house- hold includes Saira’s two children and Elizabeth’s one child. By all accounts, this is a close-knit family. Arreola, who works in the construction industry, is the primary breadwin- ner. Testimony in the record from Elizabeth described the heartbreak that Arreola’s removal would cause. More con- cretely, Arreola would lose the ability to care for his family in critical ways. Health care is one: Maria suffers from severe mi- graines and some hearing problems, and Elizabeth stated that she has a recurring lung infection. Housing is another: Arre- ola has been in a rent-to-buy program for the family home, but his removal would as a practical matter result in their eviction. And nothing but danger awaits him in Mexico. After a quarter century, he no longer has ties in the country of his birth. He lacks a home there, and he fears being kidnapped based on the false perception that all people coming from the United States have money. No. 21-1179 3 B The Department of Homeland Security’s Immigration and Customs Enforcement branch learned about Arreola after he was convicted for driving while intoxicated on July 29, 2015. His initial Notice to Appear was dated August 3, 2015, and was filed with the immigration court on August 14, 2015. It charged that Arreola was inadmissible under 8 U.S.C. § 1182(a)(6)(A)(i), which applies to “[a]n alien present in the United States without being admitted or paroled.” Like many notices issued during that era, it provided a physical location but said only that the date and time of the removal proceed- ings were “[t]o …

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