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Keywords

visadeportationnaturalizationliens

visadeportation

Related Cases

Liu v. Department of Justice

Facts

Petitioner, a citizen of Taiwan, overstayed his student visa after moving to Omaha, Nebraska, where he started a successful Oriental restaurant. He was charged with harboring illegal aliens, which led to deportation proceedings initiated by the Immigration and Naturalization Service (INS). Although he conceded deportability, he applied for suspension of deportation, claiming extreme hardship, particularly concerning his minor U.S. citizen son. The immigration judge denied his application, concluding that he had not demonstrated extreme hardship.

Petitioner is a citizen of Taiwan, who entered the United States in 1982 on a student visa. He overstayed his visa after he stopped attending school, moved to Omaha, Nebraska, and started an Oriental restaurant. The business has been successful, and petitioner has purchased a home and made other investments.

Issue

Did the immigration judge abuse his discretion in denying petitioner's application for suspension of deportation based on a lack of extreme hardship?

Rule

Under 8 U.S.C. 1254(a), a petitioner is eligible for suspension of deportation if he can prove that he has been physically present in the U.S. for seven continuous years, has exhibited good moral character, and that his deportation would cause extreme hardship.

Under 8 U.S.C. 1254(a), petitioner is eligible for suspension of deportation if he can prove that: 1) he has been physically present in the United States for seven continuous years immediately preceding his suspension application; 2) he has exhibited good moral character during those years; and 3) his deportation would cause him or his citizen child extreme hardship.

Analysis

The court applied the abuse of discretion standard to review the immigration judge's decision. It found that the judge had considered all relevant factors, including the financial situation of the petitioner and the potential hardship to his son. The court noted that economic loss alone does not constitute extreme hardship and that the decision to separate the family was not imposed by the government but was a choice for the parents.

Conclusion

The court affirmed the Board's decision to deny suspension of deportation because the immigration judge did not abuse his discretion in deciding that deportation would not cause extreme hardship to petitioner or his minor citizen child. The court reinstated the immigration judge's grant of six months for petitioner to voluntarily depart the country.

We affirm the decision below denying petitioner's application for suspension of deportation. We also reinstate the immigration judge's grant of a six month period of time in which petitioner can voluntarily depart the United States without deportation.

Who won?

The United States prevailed in the case as the court upheld the immigration judge's decision, finding no abuse of discretion in the denial of the suspension of deportation.

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