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  • Alejandro Hernandez-Garcia, A091 097 894 (BIA March 10, 2011)

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    Immigrant & Refugee Appellate Center, LLC
    204 vizualizări3 pagini
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and remanded proceedings for further consideration of the respondent’s eligibility for a waiver of inadmissibility under Section 212(h) of the INA in light of new evidence indicating that the respondent’s daughter has a learning disability. The Board had previously upheld a determination that the respondent’s removal would not cause extreme hardship to his U.S. citizen wife and children, and that the waiver was not merited in the exercise of discretion. The decision was written by Member Neil Miller.

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    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and remanded proceedings for further consideration of the respondent’s eligibility for a waiver of inadmissibility under Section 212(h) of the INA in light of new evidence indicating that the respondent’s daughter has a learning disability. The Board had previously upheld a determination that the respondent’s removal would not cause extreme hardship to his U.S. citizen wife and children, and that the waiver was not merited in the exercise of discretion. The decision was written by Member Neil Miller.

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    Attribution Non-Commercial (BY-NC)
    Descărcați ca PDF, TXT sau citiți online pe Scribd
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    204 vizualizări3 pagini

    Alejandro Hernandez-Garcia, A091 097 894 (BIA March 10, 2011)

    Încărcat de

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and remanded proceedings for further consideration of the respondent’s eligibility for a waiver of inadmissibility under Section 212(h) of the INA in light of new evidence indicating that the respondent’s daughter has a learning disability. The Board had previously upheld a determination that the respondent’s removal would not cause extreme hardship to his U.S. citizen wife and children, and that the waiver was not merited in the exercise of discretion. The decision was written by Member Neil Miller.

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    Attribution Non-Commercial (BY-NC)
    Descărcați ca PDF, TXT sau citiți online pe Scribd
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    din 3

    U.S.

    Department of Justice Executive Office for Immigration Review

    Board ofImmigration Appeals Office ofthe Clerk


    5107 leesb11rg Pike, S11ite 2000 Falls Ch11rch, Virgit1ia 22041

    OHS/ICE Office of Chief Counsel - HOU Bates, Brian K., Esq. Reina & Bates Immigration & Nationality Law 126 Northpoint Drive, Suite 2020 Houston, TX 77060 123 Northpoints Drive, Suite 190 Houston, TX 77060

    Immigrant & Refugee Appellate Center | www.irac.net

    Name: HERNANDEZ GARCIA, ALEJANDRO

    A091-097-894

    Date of this notice: 3/10/2011

    Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,

    Donna Carr Chief Clerk

    Enclosure

    Panel Members: Miller, Neil P.

    For more unpublished BIA decisions, visit www.irac.net/unpublished

    Cite as: Alejandro Hernandez-Garcia, A091 097 894 (BIA March 10, 2011)

    ...

    Executive Office for Imnllgration Review Falls Church, Virginia 22041

    U.'S. Department of Justice

    Decision of the Board of Immigration Appeals

    File: A091 097 894 - Houston, TX


    In re: ALEJANDRO HERNANDEZ-GARCIA IN REMOVAL PROCEEDINGS

    Date:

    MAR 1 0 2011

    MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Brian K. Bates, Esquire

    Immigrant & Refugee Appellate Center | www.irac.net

    Rory H. Potter Assistant Chief Counsel

    APPLICATION: Reopening

    On November 10, 2008, the Immigration Judge denied the respondent's application for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. 1182(h), in conjunction with an application for cancellation of removal under section 245(i) of the Act, 8 U.S.C. 1255(i). The Immigration Judge found that the respondent failed to demonstrate that his removal to Mexico will result in "extreme hardship" to his wife and children, all of whom are f Ngai, 19 l&N Dec. 245 (BIA 1984). Alternately, the United States citizens. See Matter o Immigration Judge denied the respondent's application for the section 212(h) waiver in the exercise f Marin, 16 I&N of discretion. See Matter o f Mendez, 21 I&N Dec. 296 (BIA 1996); Matter o Dec. 581 (BIA 1978). On August 20, 2010, the Board dismissed the respondent's appeal, finding no error in the Immigration Judge's decision. On November 18, 2010, the respondent filed this timely motion to reopen for further consideration of his application for the section 212(h) waiver. See generally section 240(c)(7) of the Act, 8 U.S.C. 1229a(c)(7); 8 C.F.R. 1003.2(c). The Department of Homeland Security opposes the motion. The motion will be granted, and the record will be remanded.

    The Immigration Judge noted that the respondent's wife testified that his daughter, Jimena, was having problems in school, and the evidence of record at the time of the removal hearing reveals that Jimena was recommended for speech therapy. See Immigration Judge's Decision at 6; Supplemental Exhibits at 12-13. The Immigration Judge found that although the respondent's qualifying relatives will suffer hardship due to the move to Mexico, such hardship is not substantially different from the hardship "suffered by other families when a family member is ordered deported." See Immigration Judge's Decision at 8. With the instant motion, the respondent has offered an evaluation, dated March 11, 2010, indicating that Jimena had received intervention in reading and math; she had not made adequate progress in those subjects in 2008 and 2009; and she has been labeled as "learning disabled." See Motion Tab C. In light of this evidence, we will grant the respondent's timely motion to reopen and

    Cite as: Alejandro Hernandez-Garcia, A091 097 894 (BIA March 10, 2011)

    A091 097 894 remand the record for further consideration of the hardship and discretionary factors relevant to the respondent's application for the section 212(h) waiver in conjunction with his application for adjustment of status. ORDER: The motion to reopen is granted. FURTHER ORDER: The record is remanded to the Immigration Judge for further proceedings consistent with this decision.

    Immigrant & Refugee Appellate Center | www.irac.net

    FOR THE BOARD

    2
    Cite as: Alejandro Hernandez-Garcia, A091 097 894 (BIA March 10, 2011)

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