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Juarez v. Holder

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ARGUED JANUARY 12, 2009

Before EASTERBROOK, Chief Judge, and WILLIAMS and SYKES, Circuit Judges.

Esma Juarez-Meono and her son Edgar Juarez are Guatemalan natives who entered this country illegally in 1989 and 1997, respectively. JuarezMeono requested asylum shortly after arriving, but Juarez did not. When the Department of Homeland Security (“DHS”) initiated removal proceedings against them in 2004, Juarez-Meono and Juarez told the immigration court they intended to file applications seeking various forms of relief from removal. Both filed their applications nearly 14 months late, however, and they never provided their biometrics-fingerprints and other identifying biographical information-despite being admonished by the immigration judge (“IJ”) to “pester” their attorney about completing this necessary part of the application process. Juarez-Meono and Juarez later moved for a continuance so they could have more time to comply with this requirement. The IJ denied the motion and concluded that their untimely applications and failure to provide the required biometrics meant they had abandoned their applications for relief. The IJ entered orders of removal, and the Board of Immigration Appeals (“BIA”) affirmed.

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