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Keywords

attorneywillregulationcitizenshipdeportationrehabilitation
attorneywillregulationcitizenshipdeportation

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Samuels v. Chertoff

Facts

On July 31, 1992, Samuels, a native and citizen of Jamaica, entered the United States illegally. He was convicted of attempted robbery in the first degree and subsequently faced deportation proceedings. Although he conceded deportability, he applied for adjustment of status based on his wife's citizenship, which was barred due to his criminal conviction. He sought a 212(h) waiver, claiming that his deportation would cause extreme hardship to his family.

On July 31, 1992, Samuels, a native and citizen of Jamaica, entered the United States illegally. He was convicted of attempted robbery in the first degree and subsequently faced deportation proceedings. Although he conceded deportability, he applied for adjustment of status based on his wife's citizenship, which was barred due to his criminal conviction.

Issue

Whether the BIA properly applied 1212.7(d) of the Immigration and Nationality Act in denying Samuels's application for a waiver of deportation.

Whether the BIA properly applied 1212.7(d) of the Immigration and Nationality Act in denying Samuels's application for a waiver of deportation.

Rule

The Attorney General will ordinarily not exercise discretion favorably where the alien has committed a violent or dangerous crime but allows for exceptions in extraordinary circumstances, such as those involving national security or foreign policy considerations, or cases in which an alien clearly demonstrates that the denial of the application for adjustment of status would result in exceptional and extremely unusual hardship.

The Attorney General will ordinarily not exercise discretion favorably where the alien has committed a violent or dangerous crime but allows for exceptions in extraordinary circumstances, such as those involving national security or foreign policy considerations, or cases in which an alien clearly demonstrates that the denial of the application for adjustment of status would result in exceptional and extremely unusual hardship.

Analysis

The court analyzed whether the BIA's application of 1212.7(d) was appropriate in Samuels's case. It noted that while the BIA upheld the IJ's finding of extreme hardship, it concluded that Samuels did not merit a favorable exercise of discretion because he failed to show 'exceptional and extremely unusual hardship' following his deportation. The court found that the BIA may have overlooked certain factors, such as Samuels's rehabilitation and acquisition of property.

The court analyzed whether the BIA's application of 1212.7(d) was appropriate in Samuels's case. It noted that while the BIA upheld the IJ's finding of extreme hardship, it concluded that Samuels did not merit a favorable exercise of discretion because he failed to show 'exceptional and extremely unusual hardship' following his deportation.

Conclusion

The court vacated the BIA's decision and remanded the case for further proceedings to determine whether the BIA properly applied 1212.7(d) to Samuels's application.

The court vacated the BIA's decision and remanded the case for further proceedings to determine whether the BIA properly applied 1212.7(d) to Samuels's application.

Who won?

The court granted review to Samuels, indicating that the BIA's application of the regulation may have been incorrect, thus favoring Samuels's position.

The court granted review to Samuels, indicating that the BIA's application of the regulation may have been incorrect, thus favoring Samuels's position.

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