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Keywords

appealburden of proofwillvisadeportationpiracy
appealburden of proofwilldeportationpiracy

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Shooshtary v. Immigration and Naturalization Service

Facts

Yasser Abdulrahim Shooshtary, a native of Iran and citizen of Great Britain, was deportable under the Immigration and Nationality Act due to a conviction for conspiracy to defraud the government. He requested an adjustment of status based on his marriage to a lawful permanent resident, but was ineligible for an immigrant visa due to his conviction. He sought a waiver of the requirement on the grounds of extreme hardship to his family, which the Board of Immigration Appeals denied, leading to this appeal.

Yasser Abdulrahim Shooshtary, a native of Iran and citizen of Great Britain, was deportable under the Immigration and Nationality Act due to a conviction for conspiracy to defraud the government.

Issue

Did the Board of Immigration Appeals abuse its discretion in denying Shooshtary's application for a waiver of deportation based on extreme hardship?

Did the Board of Immigration Appeals abuse its discretion in denying Shooshtary's application for a waiver of deportation based on extreme hardship?

Rule

A waiver under 8 U.S.C. 1182(h)(1)(B) should be granted only in cases where 'great actual or prospective injury' to the qualifying party will occur, requiring a showing of significant actual or potential injury.

A waiver under 8 U.S.C. 1182(h)(1)(B) should be granted only in cases where 'great actual or prospective injury' to the qualifying party will occur, requiring a showing of significant actual or potential injury.

Analysis

The court reviewed the Board's decision for abuse of discretion and found that Shooshtary did not provide sufficient evidence to demonstrate extreme hardship. The Board noted that his claims were largely based on generalities about the difficulties of relocation and did not provide specific evidence regarding his family's financial situation or the impact of his deportation on his children. The court agreed with the Board's conclusion that the common results of deportation do not constitute extreme hardship.

The court reviewed the Board's decision for abuse of discretion and found that Shooshtary did not provide sufficient evidence to demonstrate extreme hardship.

Conclusion

The court affirmed the decision of the Board of Immigration Appeals, concluding that Shooshtary failed to meet the burden of proof required to demonstrate extreme hardship.

The court affirmed the decision of the Board of Immigration Appeals, concluding that Shooshtary failed to meet the burden of proof required to demonstrate extreme hardship.

Who won?

The Board of Immigration Appeals prevailed because the court found that Shooshtary did not provide sufficient evidence to support his claims of extreme hardship.

The Board of Immigration Appeals prevailed because the court found that Shooshtary did not provide sufficient evidence to support his claims of extreme hardship.

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