Unpub. BIA Unicorn Trifecta on Cancellation in Seattle

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 partners, Alma David, argued the hell out of it, and the BIA reversed the IJ on all three grounds, resulting in a remand for security checks and a grant of COR!  This decision is great in a lot of ways, but the “reflexive hardship” (hardship to the non-qualifying relatives, in this case it was hardship to the respondent, that would reflect additional harm onto/further adversely impact the qualifying relative) aspect is especially sweet, as the Seattle judges have been especially agnostic about its legitimacy.  Maybe this will help restore their faith." - Matter of X-, Aug. 9, 2014.  [Hats off to Alma David!]