BIA appeal won – cancellation of removal granted

The need to appeal

Our client is a 30 year old citizen and national of Mexico.  He has lived in the United States since 1994.  He has two United States citizen children, ages 12 and 9, and a United States citizen wife.  The biological mother of the 12 year old child was incarcerated when the child was young and our client gained full physical custody of the girl.  The mother has not contacted or seen the child since the child was 3 years old.  It was unclear what would happen to the child if our client were removed to Mexico.  The mother does retain some rights and it is unlikely the child would be able to obtain a passport without the mother’s involvement, let alone relocate to Mexico with our client.  The child struggles academically and has allergies.  The children do not speak any Spanish.

What still needed to be done

Our client was placed in removal proceedings in 2008 and found removable for overstaying his visitor visa and making a false claim to citizenship for purposes of obtaining employment.  We filed an EOIR-42B Application for Cancellation of Removal with Immigration Court with supporting evidence.  After hearing testimony from the client and two other witnesses, the Immigration Judge denied the client’s application for cancellation of removal finding that our client lacked good moral character and had failed to show exceptional and extremely unusual hardship.  We appealed the Immigration Judge’s decision to the Board of Immigration Appeals and won.  The Board found that the 12 year old child would suffer exceptional and extremely unusual hardship if her father were removed to Mexico.  The Board further found that a false claim to citizenship for purposes of obtaining employment does not constitute a sufficient basis for finding that our client lacks good moral character.  This client will now be a permanent resident of the U.S.

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