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Decisions Re Immigration Matter and Due Process Claim Involving Oil Wells

By FindLaw Staff on April 06, 2010 2:55 PM

Today, the Seventh Circuit decided two cases involving administrative matters.  The first case involves plaintiff's action, individually and as an administratrix of her late husband's estate, against the Illinois Department of Resources and several oil companies, and the second involves a challenge to the BIA's order against an Algerian petitioner.

Leavell v. Illinois Dep't of Natural Res., No. 09-2590, involved a plaintiff's action asserting procedural due process claims and seeking injunctive relief to prevent the Illinois Department of Resources and several oil companies from plugging oil wells owned by her family and from transferring control over wells to oil companies.  However, because plaintiff's failure to avail herself of available state remedies is fatal to her federal due process claim, district court's dismissal of the claim with prejudice is affirmed. 

Benaouicha v. Holder, No. 09-3083, concerned a petition for review a BIA's affirmance of an immigration judge's order that petitioner be removed from the U.S. pursuant to 8 U.S.C. sections 1227(a)(1), 1227(a)(1)(C)(i) and 1227(a)(2)(A).  In affirming the order, the court held that petitioner is ineligible for cancellation of removal under the abused spouse provision as he cannot meet all five requirements under section 1229(b)(2).

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