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jurisdictionvisa
jurisdictionvisa

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Ettienne v. Holder

Facts

Ettienne entered the United States for a track-and-field competition in 1987 and overstayed her visa. She was involved in a marriage fraud scheme to obtain permanent residency, which was later discovered. After marrying a U.S. citizen and having two children, she sought cancellation of removal due to her unauthorized presence and the alleged hardship her removal would cause her family. However, the immigration judge found that she did not meet the required hardship standard for cancellation.

Ettienne entered the United States for a track-and-field competition in 1987 and overstayed her visa. She was involved in a marriage fraud scheme to obtain permanent residency, which was later discovered. After marrying a U.S. citizen and having two children, she sought cancellation of removal due to her unauthorized presence and the alleged hardship her removal would cause her family. However, the immigration judge found that she did not meet the required hardship standard for cancellation.

Issue

Did the BIA err in denying Ettienne's application for cancellation of removal based on a failure to demonstrate exceptional and extremely unusual hardship to her U.S. citizen husband and children?

Did the BIA err in denying Ettienne's application for cancellation of removal based on a failure to demonstrate exceptional and extremely unusual hardship to her U.S. citizen husband and children?

Rule

Under 8 U.S.C. 1229b, an alien may be eligible for cancellation of removal if they can demonstrate that their removal would cause exceptional and extremely unusual hardship to a U.S. citizen spouse, parent, or child.

Under 8 U.S.C. 1229b, an alien may be eligible for cancellation of removal if they can demonstrate that their removal would cause exceptional and extremely unusual hardship to a U.S. citizen spouse, parent, or child.

Analysis

The court found that the BIA's decision was based on the immigration judge's determination that Ettienne did not meet the hardship standard. The judge articulated the correct standard for evaluating hardship but concluded that Ettienne's situation did not rise to the level of exceptional and extremely unusual hardship. The court noted that it lacked jurisdiction to review the discretionary weighing of hardship factors by the BIA.

The court found that the BIA's decision was based on the immigration judge's determination that Ettienne did not meet the hardship standard. The judge articulated the correct standard for evaluating hardship but concluded that Ettienne's situation did not rise to the level of exceptional and extremely unusual hardship. The court noted that it lacked jurisdiction to review the discretionary weighing of hardship factors by the BIA.

Conclusion

The court dismissed Ettienne's petition for lack of jurisdiction, affirming the BIA's decision.

The court dismissed Ettienne's petition for lack of jurisdiction, affirming the BIA's decision.

Who won?

The government prevailed in the case as the court dismissed Ettienne's petition for lack of jurisdiction, upholding the BIA's denial of her application for cancellation of removal.

The government prevailed in the case as the court dismissed Ettienne's petition for lack of jurisdiction, upholding the BIA's denial of her application for cancellation of removal.

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