Friday, October 30, 2015

Lack of Records Dooms Petitioner's Attempt for Relief from Removal

Espitia v. Lynch, 2015 WL 5315200 (9/14/15) (unpub'd) - The 10th holds that Mr. Espitia was ineligible for adjustment of status, removal cancellation or asylum because he could not prove his prior controlled substance conviction was not "a "particularly serious crime." That the necessary records were no longer available was his problem, not the government's, since he had the burden to prove eligibility for relief.