Latest Case: Simental-Galarza v. Barr (Immigration Law)

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Simental-Galarza v. Barr

Docket: 19-2126

Opinion Date: January 2, 2020

Judge: Per Curiam

Areas of Law: Immigration Law

Simental-Galarza unlawfully entered the U.S. in 2001. He married a U.S. citizen in 2013; they divorced three years later. Simental-Galarza was charged as removable under 8 U.S.C. 1182(a)(6)(A)(i), for having entered and remained without lawful admission. Simental-Galarza sought cancellation of removal as a battered spouse under 8 U.S.C. 1229b(b)(2), alleging that his removal would result in extreme hardship. He offered evidence of physical, verbal, and psychological abuse and that the abuse left him depressed. His sister-in-law confirmed that since the divorce, Simental-Galarza rarely talked, never laughed, and did not trust people. A licensed clinical social worker diagnosed him with anxiety, severe depression, PTSD, and dependent personality disorder and advised that he continue therapy in a stable, supportive environment. His parents are deceased and five siblings live here. He has steady work. His sister-in-law predicted that if Simental-Galarza were removed, he would “shut down” and that Mexico did not have the mental health resources that are available here. The IJ rejected his claim. The BIA dismissed Simental-Galarza’s appeal, finding that he had not shown that he could not obtain work in Mexico and that, although Mexico can be violent, Simental-Galarza had not shown that he would personally face violence or “that he could not obtain treatment for his anxiety and depression.” The Seventh Circuit denied a petition for review. The IJ and BIA adequately evaluated the relevant factors and evidence.