Wednesday, December 22, 2010

Unpub. BIA VAWA Cancellation Victory

Anish Vashistha writes: "I received the attached decision from the BIA yesterday regarding a respondent married to a U.S. citizen whose Form I-130 petition was not approved because USCIS found that he had entered into his first marriage for the sole purpose of evading the Immigration Laws.  After the respondent was granted Special Rule ("VAWA") Cancellation of Removal by the IJ, who also found that the respondent had not committed marriage fraud, DHS appealed arguing to the Board that DHS had proven marriage fraud, that the respondent had not shown the requisite hardship, and that the respondent does not warrant a favorable exercise of discretion.  DHS cited to the 2009 published BIA decision Matter of A-M-, 25 I&N Dec. 66 (BIA 2009), to support its position that the respondent's subsequent marriage invalidated his eligibility for VAWA Cancellation.  The alien in Matter of A-M- was denied VAWA Cancellation by the Board, which discussed in that case the alien's marriage subsequent to the dissolution of the alien's abusive marriage to support denial of the alien's application.  However, in the attached decision, the Board states that a marriage subsequent to an abusive marriage is not a dispositive factor for VAWA Cancellation and specifically references how the respondent's continued suffering from the effects of the abuse as if such continued suffering overrides the subsequent marriage.  I believe the attached decision would be helpful for similar respondents seeking relief under VAWA despite remarrying following the dissolution of an abusive marriage."

Mr. Anish Vashistha
Attorney At Law
Law Firm of Leon Hazany & Assoc.,
A Professional Law Corporation
5670 Wilshire Blvd., Ste. #1730
Los Angeles, CA 90036
(323) 692-1446 (Office)
(323) 692-1449 (Fax) 

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