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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46373 Judge Stein PETITIONER challenged the validity of, among other things, the determination of the Board of Immigration Appeals denying him a cancellation of removal pursuant to the Immigration and Nationality Act of 1952 �240A(a). The court denied the petition, finding that petitioner’s assertion that the immigration judge applied a more stringent test required by �240A(b) for nonpermanent residents has no firm factual basis. The court noted that the immigration judge had stated that he was requiring a showing of “unusual equities” because of the serious nature of the crime performed by petitioner. The court added that the judge was exercising discretion in evaluating the request for cancellation by giving heavy weight to petitioner’s crime as an “adverse factor[] evidencing” petitioner’s “undesireability as a permanent resident” and therefore required a greater showing of positive “social and humane considerations presented on his behalf” before he would cancel petitioner’s removal.

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