Tuesday, June 5th, 2018

CA9 on Hardship, Jurisdiction: Arteaga-De Alvarez v. Holder

"Petitioner Laura Arteaga de Alvarez (“Arteaga”) is an undocumented Mexican national.  She is married to a legal permanent  resident,  who  obtained  that  status after being granted cancellation of removal in 2003, shortly before the couple married.  They have three children who are all United States citizens.  In 2005, after voluntarily turning herself in to immigration authorities, Arteaga applied for cancellation of removal.  Her application was denied in 2007 by an immigration judge who determined that she had not demonstrated the requisite exceptional and extremely unusual hardship to a qualifying relative. The BIA affirmed, and included in its reasoning a statement that the fact that Arteaga had alternative means to immigrate, i.e. a spousal petition filed by her husband, necessarily undercut her ability to demonstrate that her children would suffer