September 19, 2014

Tenth Circuit: Court Recommends Enforcing Order of Removal of Mexican Citizen

The Tenth Circuit published its opinion in Salgado-Toribio v. Holder on Tuesday, April 23, 2013.

Petitioner Lucio Salgado-Toribio is a citizen of Mexico who entered the United States without inspection. An immigration judge found him removable as an alien pursuant to 8 U.S.C. § 1182(a)(6)(A)(i). The immigration judge granted Petitioner’s request for voluntary departure. Petitioner appealed to the Board of Immigration Appeals (BIA), which dismissed the appeal.

Petitioner, acting pro se, sought review of a Board of Immigration Appeals (BIA) order denying his motion to reopen removal proceedings. By the time the case reached the Tenth Circuit, Petitioner had been using the federal courts’ procedures to put off removal for more than three years since an immigration judge found him removable. This proceeding was the third time Petitioner sought review of an administrative decision over which the Tenth Circuit had no jurisdiction. He did not assert a nonfrivolous constitutional claim sufficient to give the Court jurisdiction. Petitioner repeatedly took advantage of the federal court of appeals’ stay procedures.

The Tenth Circuit denied Petitioner’s motion to proceed in forma pauperis, dismissed his petition for review, and recommended that the Department of Homeland Security enforce the order of removal immediately.

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