LexisNexis® Legal Newsroom
Unpub. BIA Cancellation Victory; Mexico; Education; Economic Conditions

"The respondent, now 40 years old, testified that his family, including his five United States citizen daughters and his undocumented wife, would accompany him to Mexico, and that he finds it necessary to take his large family to the small village where he has his only family ties in Mexico. .....

Cancellation Victories in Miami

Joseph A. Dorta of Weston, Florida, writes: "Per your request to augment details of the two victories please note the following involving the application of the 'Extreme, Exceptional and Unusual Hardship' on USC Child(ren) standard by the Immigration court under § 240A(b). Interestingly...

EOIR OPPM 12-01: Procedures for Suspension/Cancellation Cases as Cap Approaches

Operating Policies and Procedures Memorandum 12-01: Procedures on Handling Applications for Suspension/Cancellation in Non-Detained Cases Once Numbers are no Longer Available in a Fiscal Year - Feb. 3, 2012. "This Operating Policies and Procedures Memorandum (OPPM) supersedes and replaces OPPM...

Unpub. BIA Cancellation Victory

Jose Quintero of Catholic Charities, Miami, won this recent victory at the BIA. Bravo! "[W]e conclude that the respondent warrants cancellation of removal as a matter of discretion. In finding that the respondent did not merit a favorable exercise of discretion, the Immigration Judge properly considered...

Supreme Court Upholds Matter of Escobar: Holder v. Martinez Gutierrez

"An immigration statute, 8 U. S. C. §1229b(a), authorizes the Attorney General to cancel the removal of an alien from the United States so long as the alien satisfies certain criteria. One of those criteria relates to the length of time an alien has lawfully resided in the United States, and...

Practice Advisory: Model Briefing for Defending Eligibility for LPR Cancellation of Removal Where the Record of Conviction Is Inconclusive

"On May 4th, IDP and the Stanford Law School Immigrant Rights Clinic issued an updated practice advisory with model briefing for immigrants and their lawyers fighting criminal bars on eligibility for relief from removal. In an application for relief from removal, the noncitizen has the burden...

Matter of Isidro-Zamorano, ID 3756, 25 I&N Dec. 829 (BIA 2012)

Matter of Isidro-Zamorano, ID 3756, 25 I&N Dec. 829 (BIA 2012) - An applicant for cancellation of removal whose son or daughter met the definition of a “child” when the application was filed but turned 21 before the Immigration Judge adjudicated the application on the merits no longer...

Unpub. BIA Cancellation Remand Victory

"Pursuant to Matter of Ortega-Cabrera, 23 I&N Dec. 793 (BIA 2005), because an application for cancellation of removal under section 240A(b )(1) of the Act, 8 U.S.C. § 1229(b)(1), is a continuing one for purposes of evaluating an alien's moral character, the period during which good...

Unpub. BIA Non-LPR Cancellation Victory: Matter of Andrade

Nicolas Chavez writes: "I have attached a BIA decision that we received last month. Our client recently gave us written permission to publish it in its entirety. This is a non-LPR cancellation case. We challenged the IJ's decision on several fronts, but what is significant about this case is...

Unpub. BIA Hardship Remand, Non-LPR Cancellation; Ecuador; Non-Qualifying Sibling

H. Raymond Fasano writes: "Attached please find a BIA decision from December 13, 2012 that my Firm won. My partner, Rodney Youman, wrote the brief. The case is significant because the Board recognized the imputed hardship a non-qualifying relative sibling had on the sibling who was a qualifying...

Unpub. BIA Cancellation Victory: Loss of Career in Dance a Factor

"[W]e place significant emphasis on the hardship caused by inability to continue her dance career. The Immigration Judge concluded that ZZZZ would be unable to continue her dance career (I.J. at 16, 20). We do not find clear error in this determination. The Immigration Judge further concluded that...

CA2 on NACARA Special Rule Cancellation: Reyes v. Holder (UPDATED)

"8 C.F.R. § 1240.66(b)(1) means what it says: In order to be eligible for special rule cancellation of removal under that provision, an alien must not be inadmissible by virtue of having committed certain crimes specified in § 212 of the INA or deportable by virtue of having committed...

Cancellation Victory at Eloy, Arizona

"As was found by the BIA in Monreal, so this Court also finds in this case, that there is no question that respondent has a close-knit bond with his wife and children. His children love him greatly and are experiencing emotional hardship due to his absence from the home. It is also clear that his...

Cancellation Victory in Baltimore (False Claim, Timely Retraction)

Cancellation cases are hard enough, but when both clients (husband and wife) made false claims to U.S. citizenship? Amazing victory in the Baltimore Immigration Court by Sandra Grossman , who rocks.

Cancellation Victory in Phoenix

"The family unit would be destroyed. They would be left in the United States in the care of a divorced uncle, and the parents would return to Mexico. Sari would have to abandon her dreams of college and a law enforcement career. She would have to seek a minimum wage job to support herself and her...

Unpub. BIA GMC, Discretion Victory in OKC VAWA Cancellation Case

"[A]lthough the respondent's ability to leave the abusive relationship and the length of time she has been out of the relationship weigh against a favorable exercise of discretion in this case, we ultimately conclude that this and the other negative discretionary considerations are outweighed...

Unpub. BIA Unicorn Trifecta on Cancellation in Seattle

Manuel “Manny” Francisco Rios III writes: "Attached is a unicorn of the month for us - a reversal of an over-the-top IJ denial of 10 yr cancellation. The IJ denied the e-42B on three separate grounds: adverse credibility, lack of requisite hardship, and discretion. However, one of our...

Unpub. BIA: Voluntary Return May Not Interrupt Continuous Physical Presence for COR

"The Immigration Judge stated that it appeared there was an interruption in the respondent's continuous physical presence when he attempted to enter the United States in 2006 and he was returned to Mexico, given that it was not a refusal at the port of entry (U. at 14). We find that the respondent...