Seventh Circuit Rejects Withholding Claim by Indian Muslim Slaughterhouse Operator

The Seventh Circuit has dismissed in part and denied in part a petition for review filed by an Indian Muslim who sought asylum, withholding of removal, and CAT protection. The Court held that it lacked jurisdiction to review the determination that the asylum application was untimely, because the petitioner did not develop any argument that recent Supreme Court authority had altered the Court's prior jurisdictional rule. The Court did note that a circuit split exists on this issue, and that it will eventually have to address it head on.

The Court also upheld the denial of withholding of removal. The petitioner's single beating, which resulted in minor injuries, did not compel a finding of past persecution, particularly where police stopped the attack and the business that allegedly motivated the harm was no longer operating. The Court further found that the agency reasonably determined that the petitioner could relocate within India.

The full text of Mohammed v. Blanche can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026/D05-05/C:25-1901:J:Scudder:aut:T:fnOp:N:3535996:S:0

Seventh Circuit Partially Affirms Release Order in Warrantless Arrest Consent Decree Case

The Seventh Circuit has determined that the district court did not abuse its discretion in extending a consent decree governing warrantless civil immigration arrests in the Chicago Field Office by 118 days. The Court found that the extension was supported by the government's substantial noncompliance with the consent decree.

The Court also affirmed the November 13 release order as to class members for whom a determination had been made that they were arrested without a warrant in violation of 8 USC 1357(a) and the consent decree. However, the Court reversed the order to the extent it required the release of "potential class members" without individualized determinations, and to the extent it covered individuals arrested pursuant to I-200 warrants, defective or otherwise. The Court further concluded that the government lacked authority to place the individuals at issue, who were already inside the United States, in mandatory detention under 8 USC 1225(b)(2)(A). It should be noted, however, that only one judge reached the merits of the 1225 issue - the concurring judge declined to address it.

The full text of Castañon-Nava v. U.S. Department of Homeland Security can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026/D05-05/C:25-3050:J:Pryor:con:T:fnOp:N:3535766:S:0

Seventh Circuit Finds that Number Bar Applies to MTR Based on Lack of Notice

The Seventh Circuit has determined that the statutory limitation permitting a non-citizen to file only one motion to reopen applies even if the subsequent motion to reopen is based on a lack of notice.

The full text of Coatl-Chiquito v. Blanche can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026/D04-30/C:25-1233:J:Kolar:aut:T:fnOp:N:3533378:S:0

Seventh Circuit Finds no Jurisdiction to Review Denial of Unlawful Presence Waiver

The Seventh Circuit has determined that federal courts lack jurisdiction to review the denial of an unlawful presence waiver. The Seventh Circuit also addressed the use of generative AI in brief writing.

The full text of Dec v. Mullin can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026/D03-30/C:25-2417:J:Brennan:aut:T:fnOp:N:3514236:S:0

Seventh Circuit Rejects Expansion of 1225 Detention Authority

The Seventh Circuit appears to have rejected the agency’s determination that any individual who entered without inspection is subject to mandatory detention under 8 USC 1225.

“The question is whether § 1225(b)(2)(A) covers any noncitizen who is unlawfully already in the United States as well as those who present themselves at its borders. For their part, Plaintiffs highlight a host of cases where courts have held that ICE’s authority to detain a noncitizen discovered within the country derives from § 1226(a) and not from § 1225(b). Based upon the text and structure of the two provisions, we believe that Plaintiffs have the better argument on the current record.”

The court did note that its decision was based on a preliminary record, leaving open the possibility that the government could better develop the record to support its argument.

The full text of Castanon-Nava v. Department of Homeland Security can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2025/D12-11/C:25-3050:J:Lee:aut:T:op:N:3465102:S:0

Seventh Circuit Indicates that Doctrine of Consular Nonreviewability May Apply to Decisions Made by Non-Consular Officials

The Seventh Circuit has indicated that the doctrine of consular nonreviewability made extend to findings of inadmissibility made by officials in the United States.

“Muñoz describes the doctrine as one under which ‘the action of an executive officer to admit or exclude an alien’ is not substantively reviewable. We applied the doctrine to a decision by a non-consular officer in Matushkina v. Nielsen, 877 F.3d 289, 295 (7th Cir. 2017). How far the doctrine extends to visa revocations at a port of entry need not be resolved today; we flag this subject only to ensure that no one thinks that the doctrine has been confined inadvertently to decisions by the Department of State at consulates outside our borders.”

The full text of Dubey v. Department of Homeland Security can be found here:

https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2025/D09-26/C:25-1207:J:Easterbrook:aut:T:fnOp:N:3430723:S:0

Seventh Circuit Construes Exceptional and Extremely Unusual Hardship

The Seventh Circuit has determined that the agency’s definition of exceptional and extremely unusual hardship to qualifying relatives is not entitled to any deference. Further, the Court construed “exceptional and extremely unusual hardship” as requiring hardship sustained by a deported alien’s qualifying relatives that’s significantly different from or greater than the hardship that a deported alien’s family normally experiences.

The full text of Moctezuma-Reyes v. Garland can be found here:

https://www.opn.ca6.uscourts.gov/opinions.pdf/24a0274p-06.pdf

Seventh Circuit Affirms no Jurisdiction to Review Discretionary Denial of Cancellation Application

The Seventh Circuit has reaffirmed that it lacks jurisdiction to review a discretionary denial of a cancellation of removal application.

The full text of Santiago Lopez v. Garland can be found here:

https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2024/D06-24/C:23-2081:J:Scudder:aut:T:fnOp:N:3226504:S:0

Seventh Circuit Finds No Jurisdiction to Review Delay in I-601A Waiver Application

The Seventh Circuit has determined that federal courts lack jurisdiction to review the delay in adjudication of provisional waivers of unlawful presence (Form I-601A) under the Administrative Procedure Act.  The court cited the prohibition in 8 USC 1182(a)(9)(B)(v) on federal court review of any action regarding waivers of unlawful presence.

The full text of Soni v. Jaddou can be found here: 

https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2024/D06-06/C:23-3220:J:Easterbrook:aut:T:fnOp:N:3

Seventh Circuit Defines Timeline for Judicial Review of Reinstatement Orders

The Seventh Circuit has determined that a reinstatement order is final for judicial review at the completion of withholding only proceedings.

The full text of FJAP v. Garland can be found here:

https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2024/D02-27/C:21-2284:J:St__Eve:aut:T:fnOp:N:3174081:S:0

The Seventh Circuit Finds that KY Conviction for Complicity to Robbery in the First Degree is COV

The Seventh Circuit has determined that a Kentucky conviction for complicity to robbery in the first degree is a crime of violence. In so doing, the court concluded that Kentucky’s complicity statute is a categorical match for generic aiding-and-abetting liability; that Kentucky’s first-degree robbery statute requires sufficient force to overcome the victim’s will; and that the robbery statute requires that an individual use force with the specific intent to accomplish theft.

The full text of Mwendapeke v. Garland can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2023/D12-07/C:22-2383:J:Brennan:aut:T:fnOp:N:3140778:S:0

Seventh Circuit Confirms that Pardon has no Effect on Inadmissibility

The Seventh Circuit has affirmed that a pardon from a state governor does not impact any inadmissibility consequences of the pardoned crime.

The full text of Wojciechowicz v. Garland can be found here:

http://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2023/D08-08/C:22-1086:J:Scudder:aut:T:fnOp:N:3086220:S:0

Seventh Circuit Construes Crime of Domestic Violence Deportability Ground

The Seventh Circuit has determined that the domestic relationship between perpetrator and victim need not be an element of the statute of conviction to establish deportability under section 237(a)(2)(E)(i) of the INA. Instead, the relationship may be established using the circumstance specific approach outlined in Nijhawan v. Holder.

The full text of de Jesus Caldera-Torres v. Garland can be found here:

http://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2023/D04-27/C:22-2282:J:Easterbrook:aut:T:fnOp:N:3036912:S:0

Seventh Circuit Finds that Jurisdictional Statute Precludes Review of USCIS Denial of Adjustment Application

The Seventh Circuit has determined that district courts have no jurisdiction to review denials of adjustment of status applications, precluding any judicial review of arriving alien adjustments, U visa adjustments, and T visa adjustments.

The full text of Britkovyy v. Mayorkas can be found here:

http://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2023/D02-17/C:21-3160:J:St__Eve:aut:T:fnOp:N:3004080:S:0

Seventh Circuit Finds Jurisdiction to Review Good Moral Character Determination Based on Undisputed Facts

The Seventh Circuit has determined that the Supreme Court’s decision in Patel v. Garland does not strip it of jurisdiction to review the agency’s negative good moral character determination in connection with an application for cancellation of removal when the determination is based on undisputed facts.

The full text of Cruz-Velasco v. Garland can be found here:

http://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2023/D01-24/C:21-1642:J:Wood:aut:T:fnOp:N:2992048:S:0

Seventh Circuit Limits Retroactive Application of Thomas & Thompson

The Seventh Circuit has determined that retroactive application of Matter of Thomas & Thompson to sentencing modifications entered before the issuance of the decision would be impermissible. The decision, however, was entitled to deference as applied to more recent sentence modifications.

The court also determined that an Indiana conviction for neglect of a dependent is a crime involving moral turpitude. The statute requires intentional or knowing conduct, namely confinement which is likely to result in a harm such as disfigurement, mental distress, extreme pain or hurt, or gross degradation, and yet does not necessarily endanger the dependent’s life or health.

The full text of Zaragoza v. Garland can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2022/D11-08/C:19-3437:J:Sykes:aut:T:fnOp:N:2959226:S:0

Seventh Circuit Finds No Prejudice from Defective Reinstatement Order

The Seventh Circuit has recognized the defects in a reinstatement order (namely, that it was signed more than 6 months before the petitioner was given an opportunity to respond to it), but denied the petition for review due to a lack of prejudice caused by the deficiencies.

The full text of Casas v. Garland can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2022/D08-29/C:20-1739:J:Jackson-Akiwumi:aut:T:fnOp:N:2924397:S:0

Seventh Circuit Finds Deported Petitioner's Appeal Moot

The Seventh Circuit has determined that a petitioner’s appeal of his deferral of removal application in withholding-only proceedings was mooted by his removal from the country, since there was no direct challenge to the underlying removal order before the court, but rather, only an appeal of the denial of deferral of removal. “Garcia Marin is inadmissible by virtue of his unchallenged removal order and his criminal record. So even if we were to find an error in the BIA’s decision reversing the immigration judge, the action that Garcia Marin sought to prevent has already taken place, and there are no possible collateral legal consequences.”

The full text if Garcia Marin v. Garland can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2022/D07-29/C:20-3393:J:Sykes:aut:T:fnOp:N:2910359:S:0

Seventh Circuit Remands to Determine Citizenship of Ethnic Eritrean Born in Addis Ababa

The Seventh Circuit has remanded a motion to reopen for the agency to address whether an ethnic Eritrean born in Addis Ababa before the founding of Eritrea is properly considered to be an Eritrean citizen. The Court noted that the petitioner’s citizenship was relevant to the likelihood that he would be tortured if deported to Ethiopia.

The full text of Menghistab v. Garland can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2022/D06-21/C:21-2099:J:Wood:aut:T:fnOp:N:2892707:S:0

Seventh Circuit Finds Indiana Definition of Methamphetamine Broader than Federal Definition

The Seventh Circuit has determined that Indiana’s definition of methamphetamine is broader than the federal definition. “Under federal law, methamphetamine is a Schedule II or III controlled substance that includes ‘its salts, isomers, and salt of isomers.’ Under federal law, ‘isomer’ of methamphetamine only refers to ‘the optical isomer.’” “Because the Indiana legislature chose to limit the types of isomers defining other drugs but did not do so with methamphetamine, we must read the schedules to define methamphetamine as including at least optical and positional isomers.” The court noted that as of 2020, Indiana had narrowed the definition of an isomer of methamphetamine to optical isomers only. However, that definition was not present at the time of the petitioner’s conviction.

The full text of Aguirre-Zuniga v. Garland can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2022/D06-16/C:21-1201:J:Jackson-Akiwumi:aut:T:fnOp:N:2891535:S:0