Pilch v. Ashcroft, No. 01-4253.

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtEasterbrook
Citation353 F.3d 585
PartiesStanislaw PILCH and Zofia Pilch, Petitioners, v. John ASHCROFT, Attorney General of the United States, Respondent.
Docket NumberNo. 02-3779.,No. 02-2733.,No. 01-4253.
Decision Date30 December 2003
353 F.3d 585
Stanislaw PILCH and Zofia Pilch, Petitioners,
v.
John ASHCROFT, Attorney General of the United States, Respondent.
No. 01-4253.
No. 02-2733.
No. 02-3779.
United States Court of Appeals, Seventh Circuit.
Argued December 11, 2003.
Decided December 30, 2003.
Rehearing and Rehearing En Banc Denied February 24, 2004.

Royal F. Berg (argued), Chicago, IL, for Petitioners.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, Thomas K. Ragland (argued), Department of Justice, Civ. Div., Immigration Lit., Washington, DC, for Respondent.

Before BAUER, POSNER, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.


Stanislaw and Zofia Pilch and their three children would prefer to remain in the United States rather than return to Poland, of which the parents are citizens. (The children, born in the United States during their parents' unauthorized presence, are citizens of this nation.) The parents sought discretionary relief from removal, contending that return to Poland

Page 586

would create extreme economic hardship. See 8 U.S.C. § 1254(a). In 1995 an immigration judge denied their application, in 1996 the Board of Immigration Appeals affirmed, and in 1997 we dismissed their petition for review, holding that federal courts lack jurisdiction to review the denial of discretionary relief based on claims of economic hardship. Pilch v. INS, 129 F.3d 969 (7th Cir.1997). More than six years later, the Pilch family is still in the United States, rehashing arguments that both the agency and this court have rejected.

Even before we dismissed their petition, the Pilches asked the Board to reconsider its decision. This motion complained that the Board had misstated the children's ages and should have discussed the bearing of Salameda v. INS, 70 F.3d 447 (7th Cir.1995). It was accompanied by a social worker's opinion that relocation to Poland would be harmful to the children, who are "totally American". While this was pending — and again before our 1997 decision — the Pilches filed a motion to reopen based on the fact that Zofia Pilch's employer had sponsored her application for a visa; both Pilches sought adjustment of status to permanent residence based on this application. Then in 1999 the Pilches filed a second motion to reopen, this time based on Section 203 of the Nicaraguan Adjustment and Central American Relief Act of 1997, Pub.L. 105-100, 111 Stat. 2160, which despite its name provides benefits to aliens from Eastern Europe as well as those from this hemisphere. (The benefit the Pilches sought is discretionary adjustment of status, an option afforded by 8 U.S.C. § 1255 and extended to additional aliens by the 1997 statute.) In December 2001 the Board denied all three pending requests, holding in reliance on Matter of Shaar, 21 I. & N. Dec. 541 (BIA 1996), that, as unsuccessful applicants for discretionary relief who failed to depart as ordered, the Pilches are not eligible for any of the post-decision remedies sought by their motions. The parents filed a petition for judicial review of that decision; it has been docketed as No. 01-4253.

Before we could rule on that petition, the Pilches made still more requests of the Board. Although only one motion to reopen is permitted,...

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31 practice notes
  • Zetino v. Holder, No. 08-70390.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 18, 2010
    ...v. Ashcroft, 371 F.3d 246, 248-50 (5th Cir.2004); Harchenko v. INS, 379 F.3d 405, 410-11 (6th Cir.2004); Pilch v. Ashcroft, 353 F.3d 585, 586 (7th Cir. 2003); Ekimian, 303 F.3d at 1159; Belay-Gebru v. INS, 327 F.3d 998, 1000-01 (10th Cir.2003); Anin v. Reno, 188 F.3d 1273, 1279 (11th Cir.19......
  • Tamenut v. Mukasey, No. 05-4418.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • March 11, 2008
    ...v. Ashcroft, 371 F.3d 246, 248-50 (5th Cir. 2004); Harchenko v. INS, 379 F.3d 405, 410-11 (6th Cir.2004); Pilch v. Ashcroft, 353 F.3d 585, 586 (7th Cir.2003); Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002); Belay-Gebru v. INS, 327 F.3d 998, 1000-01 (10th Cir.2003); Anin v. Reno, 188 F.3......
  • Gor v. Holder, No. 08-3859.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 4, 2010
    ...(per curiam); Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 248-50 (5th Cir.2004); Harchenko, 379 F.3d at 410-11; Pilch v. Ashcroft, 353 F.3d 585, 586 (7th Cir.2003); Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002); Belay-Gebru v. INS, 327 F.3d 998, 1000-01 (10th Cir.2003); Anin v. Reno, ......
  • Li Chen v. Garland, 19-4162
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 5, 2022
    ...v. Mukasey, 521 F.3d 1000, 1005 (8th Cir. 2008) (en banc); Harchenko v. INS, 379 F.3d 405, 410-11 (6th Cir. 2004);; Pilch v. Ashcroft, 353 F.3d 585, 586 (7th Cir. 2003); Belay-Gebru v. INS, 327 F.3d 998, 1001 (10th Cir. 2003); Calle-Vujiles v. Ashcroft, 320 F.3d 472, 475 (3d Cir. 2003); Eki......
  • Request a trial to view additional results
31 cases
  • Zetino v. Holder, No. 08-70390.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 18, 2010
    ...v. Ashcroft, 371 F.3d 246, 248-50 (5th Cir.2004); Harchenko v. INS, 379 F.3d 405, 410-11 (6th Cir.2004); Pilch v. Ashcroft, 353 F.3d 585, 586 (7th Cir. 2003); Ekimian, 303 F.3d at 1159; Belay-Gebru v. INS, 327 F.3d 998, 1000-01 (10th Cir.2003); Anin v. Reno, 188 F.3d 1273, 1279 (11th Cir.19......
  • Tamenut v. Mukasey, No. 05-4418.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • March 11, 2008
    ...v. Ashcroft, 371 F.3d 246, 248-50 (5th Cir. 2004); Harchenko v. INS, 379 F.3d 405, 410-11 (6th Cir.2004); Pilch v. Ashcroft, 353 F.3d 585, 586 (7th Cir.2003); Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002); Belay-Gebru v. INS, 327 F.3d 998, 1000-01 (10th Cir.2003); Anin v. Reno, 188 F.3......
  • Gor v. Holder, No. 08-3859.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 4, 2010
    ...(per curiam); Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 248-50 (5th Cir.2004); Harchenko, 379 F.3d at 410-11; Pilch v. Ashcroft, 353 F.3d 585, 586 (7th Cir.2003); Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002); Belay-Gebru v. INS, 327 F.3d 998, 1000-01 (10th Cir.2003); Anin v. Reno, ......
  • Li Chen v. Garland, 19-4162
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 5, 2022
    ...v. Mukasey, 521 F.3d 1000, 1005 (8th Cir. 2008) (en banc); Harchenko v. INS, 379 F.3d 405, 410-11 (6th Cir. 2004);; Pilch v. Ashcroft, 353 F.3d 585, 586 (7th Cir. 2003); Belay-Gebru v. INS, 327 F.3d 998, 1001 (10th Cir. 2003); Calle-Vujiles v. Ashcroft, 320 F.3d 472, 475 (3d Cir. 2003); Eki......
  • Request a trial to view additional results

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