The Seventh Circuit Court of Appeals upheld the decision of an immigration court to deport Martin Garcia‐Hernandez, a citizen of Mexico who entered the United States in 2000 with no proper documentation. In 2010, he was arrested for violating a domestic protective order filed against him by Talavera, the mother of his children.
Garcia‐Hernandez pled guilty to the violation and was subsequently sentenced to 12 months of supervision. However, he was also found removable from the country under 8 U.S.C. 1182(a)(6)(A)(i).
Garcia‐Hernandez contested this order for removal under the provisions of 8 U.S.C.1229b(b), which stipulates that the attorney general may cancel a removal order for certain nonpermanent residents, provided they were continuously present in the United States for not less than 10 years and were of good moral character throughout such a period. Garcia‐Hernandez also argued that his removal would lead to “exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.”