Recinas [09/19/2002, 23 I&N Dec. 467]
Volume 23 (Page 467)
Interim Decision #3479
Matter of Recinas 23 I&N Dec. 467
File A75 696 573 - Los Angeles
Decided September 19, 2002
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Examples of Immigration Court Briefs and Decisions on Cancellation of Removal
CINA presents Examples of Immigration Court Briefs and Decisions on Cancellation of Removal. Cancellation of Removal remains an important tool in removal hearings. The “exceptional and extremely unusual” standard exists for many immigrants. It takes skill and many hours of preparation to convince the court of the facts. Persons in removal hearings can receive work authorization while your cancellation of removal case is pending. Denied cases can also be appealed to the board of immigration appeals.
There are many issues to prove before the immigration judge. First you must show that the qualifying relative will suffer a great deal more than the average person. The suffering must be experienced in the U.S without the help of the immigrant. The suffering must also be experienced in the event that the qualifying relative travels with the immigrant to their home country. You must show the two sides of the coin for issues regarding physical health, mental health, economics, family separation, lost educational opportunities, etc.