The Fifth Circuit affirmed a district court’s dismissal of a selective enforcement claim to halt the removal of an immigrant father, citing that it also lacks the subject-matter jurisdiction to conduct a judicial review of the claim.
Martin Duron Esparza moved to Mississippi from Mexico as an undocumented immigrant and has been a valued member of the community for over 20 years. He filed an application for cancellation of removal in 2011, proving that he had the good moral character, lack of a criminal record, and that his removal would cause tremendous hardship for his remaining relatives – many of whom are US citizens.
An immigration judge, however, found that Esparza failed to meet the criterion of having a 10-year continuous presence in the country, and subsequently ordered his removal to Mexico. Esparza appealed to the Board of Immigration Appeals (BIA), but his appeal was dismissed in 2013.