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CA6 on Evidence: Hernandez-Perez v. Whitaker

December 17, 2018 (1 min read)

Hernandez-Perez v. Whitaker - "Leonel Hernandez-Perez originally applied for cancellation of removal based on hardship that his removal would cause his U.S. citizen daughter, L. After that application was denied, he filed a motion to reopen removal proceedings based on hardship to his other U.S. citizen child, a boy named A.W. The BIA denied the motion to reopen for two reasons: (1) Hernandez-Perez had not established that the new evidence was previously unavailable, and (2) even if the evidence was considered, it did not establish prima facie eligibility for cancellation of removal. Because the first conclusion is not supported by the record and the second is not based on application of the appropriate legal standard, we GRANT the petition for review and REMAND to the BIA for further proceedings consistent with this opinion."

[Hats off to Christopher M. Kozoll!]