Immigration Removal Order.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Alejandro Salazar-Marroquin v. William P. Barr

Case No.: 19-1669

Officials: HAMILTON, BRENNAN, and SCUDDER, Circuit Judges.

Focus: Immigration Removal Order

Under immigration law, it can make a big difference whether a non-citizen entered the United States legally or not. For petitioner Alejandro Salazar-Marroquin and his family, the difference is whether his marriage to a United States citizen makes him at least legally eligible for an adjustment of status that might allow him to remain in the United States lawfully. 8 U.S.C. 1255(a). If he is not eligible and is removed after having failed to appear for his removal hearing in 2011, he will be inadmissible to the United States for five years after his removal. 8 U.S.C. 1182(a)(6)(B).

The question of how petitioner entered the United States can be reached, however, only if petitioner can overcome several procedural obstacles, so we need to review the progress of his case in some detail. We conclude that under Fuller v. Whitaker, 914 F.3d 514 (7th Cir. 2019), petitioner is entitled...