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

December 20, 2012 (1 min read)

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 relative.  The alien sibling was suffering from leukemia.  The claimed hardship on the qualifying relative was, among other things, to watch her brother suffer if the family had to relocate to Ecuador.  I know of no other cases in which imputed hardship was recognized in a non-LPR cancellation of removal.  Hats off to Rodney Youman."