Tomaszczuk v. Whitaker

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Petitioner, a citizen of Poland, is married to a lawful U.S. permanent resident; their son is a U.S. citizen. Petitioner last entered the U.S., to remain, in 1999. In 2016, DHS charged Petitioner under 8 U.S.C 1182(a)(6)(A)(i) as an alien present without being admitted or paroled. Petitioner sought cancellation of removal. An IJ denied Petitioner’s application, finding that Petitioner was a “habitual drunkard” under 8 U.S.C. 1101(f)(1) and unable to prove that he was a person of “good moral character” during the 10-year period before his application, 8 U.S.C. 1229b(b)(1). The IJ relied on evidence that Petitioner had been convicted five times for drunk driving and once as a “Disorderly Person” related to being drunk in public. Three of the DUI convictions fell outside the 10-year period. The IJ cited Petitioner’s high blood alcohol levels at the time of his arrests as evidence of Petitioner’s high tolerance, and testimony that he was an alcoholic. Petitioner had also been confined in a penal institution for longer than allowed by 8 U.S.C. 1101(f)(7). The BIA dismissed Petitioner’s appeal. The Sixth Circuit denied a petition for review. Because Petitioner is a deportable alien with an interest only in discretionary relief, he may not bring a void-for-vagueness challenge to the “habitual drunkard” provision under the Due Process Clause. Rejecting an equal protection claim, the court stated that there is a rational basis for saying that a “habitual drunkard” lacks “good moral character.” View "Tomaszczuk v. Whitaker" on Justia Law