Jyotsnaben Patel was admitted to the United States in December 1992 as a nonimmigrant visitor; her husband, Pravin Patel, entered nearly six months later but was neither admitted nor paroled. They applied for asylum and both were charged with removability: Mrs. Patel because she had overstayed her visa, see 8 U.S.C. § 1227(a)(1)(B), and Mr. Patel because he had entered the country illegally, see 8 U.S.C. § 1182(a)(6)(A)(I). Their cases were consolidated, and the Patels testified before an immigration judge in support of their applications for asylum, but the judge found their allegations not credible, denied their applications, and granted them voluntary departure by the end of September 2002. The Patels failed to comply with the order for voluntary departure; their failure rendered them inadmissible for ten years. See 8 U.S.C. § 1182(a)(9)(A)(ii); Dada v. Mukasey, 554 U.S. 1, 12 (2008); Hadayat v. Gonzales, 458 F.3d 659, 664 (7th Cir. 2006). The Patels appealed to the Board of Immigration Appeals, but they filed no brief. With no brief on file, the Board summarily dismissed their appeal in March 2004 and ordered the Patels to leave the United States within thirty days.
The Patels did not comply with the Board’s order to leave the country. Still in the United States seven years later, in July 2011 they filed an I-246 application to stay their removal. That application sought from the government a discretionary stay of removal for humanitarian reasons. See 8 C.F.R. §§ 241.6 and 212.5. Immigration and Customs Enforcement granted their application in August 2012, permitting the Patels to remain in the country for one more year so that they could apply for adjustment of status or prepare to leave the United States.
Judge(s): Ilana Rovner
Jurisdiction: U.S. Court of Appeals, Seventh Circuit
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