Jose Simental-Galarza v. William Barr


In the United States Court of Appeals For the Seventh Circuit ____________________ No. 19-2126 JOSE ANTONIO SIMENTAL-GALARZA, Petitioner, v. WILLIAM P. BARR, Attorney General of the United States, Respondent. ____________________ Petition for Review of an Order of the Board of Immigration Appeals No. A206-274-723 ____________________ ARGUED DECEMBER 17, 2019 — DECIDED JANUARY 2, 2020 ____________________ Before RIPPLE, SYKES, and ST. EVE, Circuit Judges. PER CURIAM. Jose Antonio Simental-Galarza, a 36-year-old citizen of Mexico, seeks relief from removal, contending that he is a battered spouse and would suffer extreme hardship if removed. The Immigration Judge and the Board of Immigra- tion Appeals ruled that Simental-Galarza did not qualify for relief because he did not establish hardship. Because the IJ and Board adequately evaluated the relevant factors and the 2 No. 19-2126 evidence that Simental-Galarza presented, we deny the peti- tion for review. Background Simental-Galarza unlawfully entered the United States from Durango, Mexico, in 2001. He married Jolene Avitia, a United States citizen, in 2013; they divorced three years later. Around the time of the divorce, Simental-Galarza came to the attention of immigration authorities. He was charged as re- movable under the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A)(i), for having entered and remained in the United States without lawful admission. Simental-Galarza conceded to the charge but sought can- cellation of removal as a battered spouse under 8 U.S.C. § 1229b(b)(2). Under § 1229b, the Attorney General may can- cel Simental-Galarza’s removal if he demonstrates that he was battered or subjected to extreme cruelty by his spouse and that his removal would result in extreme hardship. § 1229b(b)(2)(A)(i)(I), (b)(2)(A)(v). (In the alternative, Si- mental-Galarza asked for voluntary departure.) At his immi- gration hearing, Simental-Galarza offered evidence of physi- cal, verbal, and psychological abuse. During three unhappy years of marriage with Avitia, he explained, she attacked him, slapping him more than 20 times. At other times, she insulted him, yelled at him, and called him obscene names. She also often threatened to call the authorities to “come after” him. Finally, she was unfaithful and stole money from him. Because of the toll that this abuse took on Simental- Galarza and his long ties to the United States, he argued to the IJ that removal would cause him extreme hardship. He testi- fied that the abuse left him depressed and unable to start No. 19-2126 3 another romantic relationship. His sister-in-law confirmed that since the divorce, Simental-Galarza rarely talked, never laughed, and did not trust people. A licensed clinical social worker diagnosed him with anxiety, severe depression, post- traumatic stress disorder, and dependent personality disor- der. Therefore, the social worker advised, he should continue therapy in a stable, supportive environment. Simental- Galarza thought that the United States was the best environ- ment for him: Most of his family resides here—his parents are deceased, and three brothers and two sisters live here. Also, in the 17 years that he has lived here, he has had steady work (as a landscaper, at his brother’s restaurant, ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals