Suarez-Diaz v. Holder

Suarez, a citizen of Cuba, was paroled into the U.S. in 1980, under 8 U.S.C. 1182(d)(5). In 1984, he was convicted of robbery, unlawful possession of a weapon, and receiving stolen property in New Jersey state court and received a combined sentence of 10 years. Citing the convictions and his lack of an immigrant visa or other valid entry document, the government initiated removal proceedings. After obtaining a second continuance, to apply for deferral of removal and to seek separate relief under the Cuban Adjustment Act, Suarez failed to file an application to defer his removal within the 60 days. The IJ denied a third continuance, noting that the removal proceedings already had been delayed for over a year. Suarez then filed an application to defer his removal, relying on the United Nations Convention Against Torture and alleged that he had filed an application to change his citizenship status under the Cuban Adjustment Act. The IJ again denied a continuance. After his sixth request to postpone the proceedings was denied, Suarez appealed. The Board of Immigration Appeals dismissed. The Sixth Circuit denied a petition for review, finding no denial of due process. View "Suarez-Diaz v. Holder" on Justia Law