Please ensure Javascript is enabled for purposes of website accessibility

Immigration — hardship waivers

By: WISCONSIN LAW JOURNAL STAFF//January 3, 2014//

Immigration — hardship waivers

By: WISCONSIN LAW JOURNAL STAFF//January 3, 2014//

Listen to this article

United States Court of Appeals For the Seventh Circuit

Civil

Immigration — hardship waivers

The BIA independently considered an alien’s request for an extreme-hardship waiver, and properly exercised its discretion in denying it.

“[E]ven if we were to conclude that the IJ’s handling of the hardship-waiver question during the removal proceedings fell short of the requirements in the governing statutes and regulations, Darif must establish prejudice before we would vacate the agency’s decision. See Khan, 517 F.3d at 518; Apouviepseakoda v. Gonzales, 475 F.3d 881, 885 (7th Cir. 2007). And there was no prejudice here. Whatever shortcomings there may have been in the proceedings before the IJ (and we do not conclude that there were shortcomings), the BIA itself fully and independently considered the evidence Darif submitted in support of his petition for an extreme-hardship waiver under § 1186a(c)(4). Based on this independent and plenary review, the BIA concluded that Darif did not deserve this form of relief as a matter of discretion. That is, the BIA assumed without deciding that Darif was statutorily eligible for a hardship waiver and concluded—without relying on the IJ’s decision— that a waiver should be denied in an exercise of discretion. This approach is entirely appropriate and effectively forecloses our further review. See Alsagladi v. Gonzales, 450 F.3d 700, 701 (7th Cir. 2006) (“[W]hen an agency is entitled to deny 16 No. 12-1050 relief as an exercise of discretion, it is always unnecessary and often inappropriate for a court to discuss the eligibility issue.”).

Petition Denied.

12-1050 Darif v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Sykes, J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests