Heriberto Perez-Castillo v. Todd W. Blanche

CourtCourt of Appeals for the Seventh Circuit
DecidedJune 1, 2026
Docket25-1988
StatusPublished
AuthorBrennan

This text of Heriberto Perez-Castillo v. Todd W. Blanche (Heriberto Perez-Castillo v. Todd W. Blanche) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Heriberto Perez-Castillo v. Todd W. Blanche, (7th Cir. 2026).

Opinion

In the

United States Court of Appeals For the Seventh Circuit ____________________ No. 25-1988 HERIBERTO PEREZ-CASTILLO, Petitioner, v.

TODD W. BLANCHE, Acting Attorney General of the United States, Respondent. ____________________

Petition for Review of an Order of the Board of Immigration Appeals. No. A206-788-938 ____________________

ARGUED FEBRUARY 17, 2026 — DECIDED JUNE 1, 2026 ____________________

Before BRENNAN, Chief Judge, and RIPPLE and TAIBLESON, Circuit Judges. BRENNAN, Chief Judge. Heriberto Perez-Castillo petitioned this court to review a final order of removal from this country. At the same time, his immigration case raises a pressing con- cern facing the legal profession today: the use of artificial in- telligence (“AI”) in litigation. Perez-Castillo’s opening brief was riddled with AI hallucinations. These included two 2 No. 25-1988

dozen fabricated quotations, seven cases wrongly identified as precedent from this circuit, erroneous legal propositions, and assertions of fact flatly contradicted by the record. Counsel for Perez-Castillo, Abdullah Salah, blamed these errors on another attorney with whom he had contracted to write the brief. That attorney, Farah Chalisa, did not enter an appearance in this case. In Salah’s telling, Chalisa used ChatGPT for “stylistic and grammatical review” that resulted in the hallucinations. To better understand what happened, we issued an order to show cause why both attorneys should not be sanctioned for their conduct. Both Salah and Chalisa responded, offering their respective sides of the story. On the merits, we deny Perez-Castillo’s petition for review because it cannot succeed as a matter of law. As for attorney Salah, we impose a fine of $5,000 for violating this court’s rules of professional conduct and multiple Federal Rules of Appellate Procedure. Though we decline to sanction attorney Chalisa at this time, we refer this matter to the Attorney Reg- istration and Disciplinary Commission of Illinois for any fur- ther action it deems appropriate. I A Heriberto Perez-Castillo is a citizen of Mexico who has lived illegally in the United States for most of his life. He first arrived as an infant, but in 2002 he re-entered the country without inspection after briefly leaving. Perez-Castillo has had several run-ins with law enforcement throughout his time in the United States, including multiple arrests for drug crimes and domestic violence. No. 25-1988 3

One criminal incident matters here. Late one night in 2012, Perez-Castillo showed up “highly intoxicated” to his mother’s house. They got into an argument. According to the police re- port, Perez-Castillo then pushed his mother to the floor, kicked her eye, and hit her on the head with “a closed beer he held in his hand.” When his brother and two sisters tried to break up the fight, he punched each of them in the face, giving them bloody noses. Perez-Castillo was convicted of battery under Illinois law. See 720 ILCS 5/12-3(a)(1). The court sentenced him to eighteen months of supervision, some of which he served in prison af- ter he violated the terms of his supervision. When the Department of Homeland Security initiated removal proceedings against Perez-Castillo, his conviction became a sticking point. Perez-Castillo conceded his remova- bility but applied for cancellation of removal under 8 U.S.C. § 1229b(b). The immigration judge denied his application, concluding that Perez-Castillo was ineligible for this form of discretionary relief. Federal immigration law bars anyone convicted of a “crime of domestic violence” from receiving this remedy. Id. at (b)(1)(C) (cross-referencing id. § 1227(a)(2)(E)(i)). Because the victims of his battery convic- tion were his mother and siblings, the immigration judge con- cluded he was categorically ineligible for cancellation of re- moval. Independent of his prior conviction, the immigration judge gave another reason for rejecting Perez-Castillo’s appli- cation. By statute, an applicant is eligible for cancellation of removal only if his removal “would result in exceptional and extremely unusual hardship to the alien’s spouse.” Id. § 1229b(b)(1)(D). Perez-Castillo’s wife, a United States citizen, 4 No. 25-1988

did have some health problems and depended on her hus- band to provide for her needs. But she also lived near her fa- ther and four adult children from a previous marriage, who could help ease the financial and emotional strain. The immi- gration judge concluded that these hardships, though real, were not “substantially beyond the hardship typically experi- enced when a family member is removed from the United States.” The Board of Immigration Appeals affirmed. It agreed in full with the immigration judge’s conclusion that the battery conviction was a “crime of domestic violence.” And the Board noted that Perez-Castillo waived his challenge to the immi- gration judge’s hardship analysis by failing to raise it before the Board. Perez-Castillo timely petitioned this court for re- view. 8 U.S.C. §§ 1252(a)(1), (b)(1). B Cancellation of removal is a discretionary remedy, so we review the decisions of the immigration judge and the Board of Immigration Appeals with a high degree of deference. San- tos Mendoza v. Bondi, 151 F.4th 900, 903, 905 (7th Cir. 2025). We lack jurisdiction to revisit the facts found by the agency. 8 U.S.C. § 1252(a)(2)(B); see Patel v. Garland, 596 U.S 328, 347 (2022). And though we have jurisdiction to consider mixed questions of law and fact, 8 U.S.C. § 1252(a)(2)(D), we apply a “deferential standard of review.” Wilkinson v. Garland, 601 U.S. 209, 222 (2024). The unanimous Supreme Court recently explained the standard of review we apply to all final orders of removal re- viewable under § 1252(a). Urias-Orellana v. Bondi, 146 S. Ct. 845, 851 (2026). Mixed questions of law and fact—like the No. 25-1988 5

question of exceptional and extremely unusual hardship in this case—are reviewed for “substantial evidence.” Id. Appel- late courts reverse under that test only “if, in reviewing the record as a whole, any reasonable adjudicator would be com- pelled to conclude to the contrary.” Id. at 849; see also 8 U.S.C. § 1252(b)(4)(B). 1 Pure questions of law, by contrast, are re- viewed de novo. Urias-Orellana, 146 S. Ct. at 849 n.1. But most questions in the immigration context are mixed questions of law and fact, so the immigration judge’s overall conclusions merit significant deference. Wilkinson, 601 U.S. at 222. Applying these principles, we must deny this petition for review. Before anything else, Perez-Castillo waived any chal- lenge to the immigration judge’s hardship determination in front of the Board of Immigration Appeals. 2 And he did not challenge the Board’s waiver determination before this court. Waiver alone requires us to deny his petition. See Munoz-Ri- vera v. Garland, 81 F.4th 681, 687–88 (7th Cir. 2023). A petitioner is eligible for cancellation of removal only if he af- firmatively establishes that all four criteria in the statute are satisfied, including the hardship prong. Santos Mendoza, 151 F.4th at 906.

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