Cancellation Victory in Maryland

Cancellation Victory in Maryland

Gina Michele Takemori reports: "I am just beaming ear-to-ear as today my client of approximately six years has received a grant of Cancellation of Removal under section 240A(b)(1).   He is Mexican, had a legal entry as an agricultural worker, has three U.S. Citizen minor children, one with severe asthma, and an undocumented wife.   The case was previously granted by the Baltimore Immigration court, appealed by DHS, BIA sided with govt, I petitioned the 4th Circuit.  4th Circuit dismissed the case.   I then filed a motion to reconsider to the BIA, BIA remanded to IJ on hardship issue for further fact-finding.   Since the inception of the case, country conditions in Mexico have greatly changed and deteriorated due to the cartel violence.   Respondent is from the region of Mexico which is at a cross-roads of cartel violence and many of his childhood friends have been murdered as innocent bystanders due to this violence.   On remand,  we produced more than 1200 pages of evidence as to how the removal of the Respondent would cause the three U.S. citizen children hardship at a level which meets the statutory burden, and proved that the change of country conditions warrant the exercise of the court's discretion.   This is such a rare victory for a Mexican client!   The IJ offered words of praise; she applauded the fact that I am a tenacious advocate for the Respondent and that I produced one of the most thorough records she has ever seen.  I am overjoyed and want to share this news with other practitioners across the country to encourage them to keep up the fight.  DHS waived their right to appeal this decision and a Final Order was issued today.  I attach a redacted version of the Order.   The man is the hardest working client I have ever known.  He has no education - dropped out at 11 years old to help his family fish for a living.  Now, he works here in MD as a certified commercial insulation installer and makes a whopping $80K per year.  This was another of our arguments - we stated that this skill is not transferable to Mexico as the technical and trade does not exist there and he could not educate his children or support them in the fashion to which they are accustomed in the US.  He works more than 80 hours per week and never complains.  This is the face of America that we need to commit to fight for..... I am a very proud and happy mama today."