X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.