Garcia Cortes v. Garland "Virginia Garcia Cortes petitions for review of a Board of Immigration Appeals decision affirming an Immigration Judge’s denial of her application for cancellation of removal. The Immigration Judge and Board of Immigration...
Hats off to Lisa Seifert , my friend and colleague from my Seattle days (1996-2001) for this remand on the issue of hardship by AIJ Sunita B. Mahtabfar.* * "Attorney General William P. Barr appointed Sunita B. Mahtabfar as an Appellate Immigration Judge...
Wilkinson v. Garland "This Court now holds that the application of the exceptional and extremely unusual hardship standard to a given set of facts is reviewable as a question of law under §1252(a)(2)(D). ... The hardship determination in this case was...
On Tuesday, Nov. 28, 2023 the U.S. Supreme Court heard oral argument in the case of Wilkinson v. Garland. Issue: Whether an agency determination that a given set of established facts does not rise to the statutory standard of “exceptional and extremely unusual...
Paucar v. Garland "Petitioner Juan Pablo Paucar petitions for review of a January 22, 2021 Board of Immigration Appeals (“BIA”) decision (1) affirming an Immigration Judge’s denial of his application for cancellation of removal and (2)...
Cyrus Mehta, May 29, 2023 "I write this blog in fond memory of Mark Von Sternberg who passed away on May 16, 2023. Mark was a brilliant lawyer, scholar and writer who worked very hard on behalf of the most vulnerable immigrants. He was a Senior Attorney...
Perez-Trujillo v. Garland "At issue are Nestor Perez-Trujillo's petitions for review of two decisions by the Board of Immigration Appeals ("BIA"): its 2011 ruling affirming the denial of his application for asylum, withholding of removal, and...
Hats off to Alan Lee for this May 6, 2021 AAO remand regarding hardship for an I-212 waiver. Kudos!
Teleanus v. Koumans "Here, because the AAO failed to “articulate a satisfactory explanation” for why Mr. Teleanu’s departure would not constitute exceptional hardship for J.T., and provided no indication that it gave “explicit administrative consideration...
Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020) (1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying...
Matter of A-C-D-C-, ID# 17208 (AAO Aug. 9, 2016) - "The unfavorable factors in this case are the Applicant's use of a photo-substituted passport and visa to enter the United States and his unauthorized presence and employment in the United States. The...
Matter of D-M-V-, ID# 15302 (AAO Jan. 28, 2016) - "The Applicant was found to be inadmissible to the United States pursuant to section 212(a)(2)(A)(i)(I) of the Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I), for having been convicted of crimes involving moral turpitude...
Renowned J-1 and hardship expert Bruce Hake emailed this comment to USCIS on Nov. 19, 2015. Excerpt: "There is a legal error in footnote 1 to the draft USCIS Policy Manual: Vol. 9, Part B: Extreme Hardship (draft). Every year this error could harm hundreds...
Hats off to Michael Carlin for this Aug. 24, 2015 AAO victory!
Filing of lawsuit by Hake & Schmitt induces State Department Waiver Review Division to issue favorable recommendation in de novo filing in an I-612 hardship waiver case "The State Department Waiver Review Division (WRD) issued a not favorable recommendation...