25 Nov 2013

Cancellation Victory in Phoenix

"The family unit would be destroyed. They would be left in the United States in the care of a divorced uncle, and the parents would return to Mexico. Sari would have to abandon her dreams of college and a law enforcement career. She would have to seek a minimum wage job to support herself and her young sister. She would essentially become the single surrogate mother of her little sister. It is terrible to squash a young girl's dreams and ambitions. It is terrible to separate a close, loving family. The Court notes that Matter of Monreal, supra, recognized family separation/unity as an important factor in determining the hardship issue resolved in cancellation of removal. In this case, the Court finds that the hardship to the two daughters, especially Sari, rises to the level of exceptional and extremely unusual hardship. There are no particularly adverse discretionary factors. The Court will, as a matter of discretion, grant the requested relief." - Matter of Najera Soto, A095-445-305, Oct. 23, 2013.  [Hats off to Mac Nayeri!]