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Mr. Guevara was granted relief by an Immigration Judge, who found that he had shown rehabilitation after a criminal act.  The Board of Immigration Appeals reversed, finding that no rehabilitation had been shown, and ordered removal.  The issues in the case were whether the Board properly reversed the finding of rehabilitation in the absence of a finding that the Immigration Judge decision was “clearly erroneous,” and whether the statute gave the Board the authority to issue an initial removal decision in the first place.  The Seventh Circuit found that the Board of Immigration Appeals did not apply the wrong standard of review and that the Board had the authorization to enter a removal order.
 
Mr. Guevara was represented by the National Immigrant Justice Center.
 
Read the Seventh Circuit Court of Appeals opinion, 472 F.3d 972 (7th Cir. 2007).

 
Read the opening brief, government response, and reply brief.