Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Thursday, November 15, 2012

Cancellation of Removal - hardship review

Navarro v. Holder, No. 10-4558 (6th Cir. Nov. 14, 2012) (unpublished)

In this Mexican nonLPR cancellation of removal case, the only issue was whether his removal would cause exceptional and extremely unusual hardship to his wife and children.

The court rejected the argument that the IJ and BIA committed legal error by mischaracterizing the evidence by discounting the seriousness of the children's illnesses and failing to understand the totality of the financial hardship.  He also argued that the BIA and IJ misapplied precedent decisions in weighing and assessing evidence.  The court declined to second-guess the BIA and IJ.

The court remanded to allow the BIA to reinstate voluntary departure because it mistakenly failed to do so before.

There was a spirited dissent.

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