Tuesday, April 19, 2011

Unpub. BIA Cancellation Victory - Discretion

A rare case: three-member panel of BIA (Guendelsberger, King, Miller; signed by King) reverses IJ denial of 240A(a) cancellation on discretion: "The Immigration Judge found that the respondent was statutorily eligible for cancellation of removal, but denied it in the exercise of discretion (I.J. at 3, 11). The respondent challenges this decision on appeal and argues that the Immigration Judge failed to properly balance the positive and negative factors under Matter of Marin, 16 I&N Dec. 581 (BlA 1978), and Matter of C-V-T-, 22 I&N Dec. 7 (BIA 1998), in determining whether the respondent should be granted relief as a matter of discretion. ... While this is a very close case, upon our de novo review we find that a grant of the respondent's request for cancellation of removal is warranted in the exercise of discretion."  Matter of X-, Apr. 14, 2011.

Hats off to Jose Quintero of CCLS Miami!

Courtesy of Bender's Immigration Bulletin - Daily Edition.

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