Tuesday, January 11, 2011

AAO ULP, CIMT victory; discussion of danger in Mexico

"...the AAO will not conclude that the applicant's conviction for motor vehicle theft is a crime involving moral turpitude. ... the AAO finds that the applicant's conviction for criminal mischief is not a crime involving moral turpitude and the applicant is not inadmissible under section 2l2(a)(2)(A) of the Act. ... The AAO finds that the applicant's spouse has established that she is suffering extreme hardship as a result of separation and would suffer extreme hardship as a result of relocation. The violence in Michoacan, Mexico is severe and the applicant's spouse would be relocating with two young children, one of whom requires ongoing medical care. The AAO finds that relocating to Mexico would mean the applicant's spouse would not only be putting her life in danger, but also the lives of her two small children. The AAO also finds that the applicant's spouse is suffering extreme hardship as a result of separation. The record indicates that the applicant's spouse is struggling financially and emotionally in caring for two small children, one with serious medical problems. The record also indicates that the applicant's spouse is concerned for her husband's safety in Mexico. Thus, the AAO finds when taken together, the hardships being suffered by the applicant's spouse as a result of separation rise to the level of extreme."  Matter of X- Jan 4, 2011.

Hats off to Mark Barr of Lichter & Assoc., Denver, Colorado.

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