Mr. Torres-Tristan is a Mexican man who reentered the United States unlawfully after a past removal. He sought to gain legal status, and avoid a reinstatement of removal by applying for a U Visa, which may be granted to victims of some types of criminal activity in the United States. After USCIS denied the U Visa, NIJC filed a Petition for Review with the Seventh Circuit.
This Seventh Circuit appeal addresses two main issues. The first is whether, in the context of an appeal from an order reinstating a prior removal order, we can obtain review over the U Visa determination by USCIS. The second is whether we can show a legal error in the adjudication of the U Visa and the related waivers.
Oral arguments were held on June 9, 2011. On September 1, 2011, the Seventh Circuit denied Mr. Torres-Tristan's Petition for Review. Mr. Torres-Tristan filed a Petition for Rehearing on November 7, 2011. The court denied his petition on November 8, 2011.