Immigration Law: Cancellation of Removal-Family Hardship-U Visa

Petitioner requested cancellation of removal, alleging his children would suffer extreme hardship from his removal. An immigration judge concluded petitioner’s family would not suffer hardship greater than other families with a close family member deported. During the pendency of his appeal, petitioner was the victim of an assault, and he subsequently applied for a U Visa. The Bureau of Immigration Appeals declined to administratively close petitioner’s case pending his visa adjudication.

Where petitioner had opportunity to fully litigate his request for cancellation of removal, BIA did not err by rejecting the appeal for lack of new evidence that would change the result, but BIA failed to explain why petitioner’s submission of U Visa receipt did not warrant administrative stay.

Judgment is affirmed in part and remanded in part.

Caballero-Martinez v. Barr (MLW No. 73027/Case No. 17-2044 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Petition for Review of an Order of the Board of Immigration Appeals (Matthew Lorn Hoppock for petitioner) (Briena Strippoli for respondent)