Saturday, May 26th, 2018

Unpub. BIA Cancellation Victory: Loss of Career in Dance a Factor

"[W]e place significant emphasis on the hardship caused by inability to continue her dance career.  The Immigration Judge concluded that ZZZZ would be unable to continue her dance career (I.J. at 16, 20).  We do not find clear error in this determination.  The Immigration Judge further concluded that the inability to continue with these activities, which the Immigration Judge characterized as extracurricular activities, were not necessary to the well-being [of the family.]  (I.J. at 20-21).  We disagree with the Immigration Judge's characterization of dance career as merely an extracurricular activity and in the assessment of the hardship that would result from the discontinuation of that career.  The record reflects that ZZZZ is a gifted dancer.  As an 11-year-old child she is a professional dancer, employed by an NBA franchise.  Due to her demonstrated aptitude she trains among adults.  Moreover, she dances competitively with two