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...

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...

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...