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Keywords

attorneystatuteappealmotiondeportation
jurisdictionattorneystatuteappeal

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Singh v. Rosen

Facts

Avtar Singh, a native of India, entered the U.S. unlawfully in 1991 and applied for cancellation of removal to avoid deportation. His application was denied by the BIA, which found that he did not prove his removal would cause exceptional hardship to his family. Singh had previously been married twice, with both marriages resulting in petitions that were denied due to findings of fraud. He has two children with a partner, Rekha Rani, who are U.S. citizens, and he claimed that their removal to India would result in significant hardship due to health and educational concerns.

Singh, a native and citizen of India, came to the United States in September 1991 when he was around 22 years old. … Singh testified that Rani and the children plan to move with him to India if he is removed but that the children would struggle there.

Issue

Did the BIA err in denying Singh's application for cancellation of removal based on a failure to establish exceptional and extremely unusual hardship?

Did the BIA err in denying Singh's application for cancellation of removal based on a failure to establish exceptional and extremely unusual hardship?

Rule

The cancellation-of-removal statute allows the Attorney General to cancel the removal of an immigrant if the immigrant satisfies four eligibility requirements, including establishing that removal would result in exceptional and extremely unusual hardship to certain relatives.

The cancellation-of-removal statute allows the Attorney General to cancel the removal of an immigrant if the immigrant satisfies four eligibility requirements: … (D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Analysis

The court applied the legal standard for hardship as outlined in the cancellation-of-removal statute. It determined that Singh's evidence did not substantiate his claims of hardship, as the BIA found that diminished educational options and health issues did not rise to the level of exceptional hardship required by law. The court noted that Singh's claims about his children's health were not adequately supported and that emotional distress alone did not meet the legal threshold.

The court applied the legal standard for hardship as outlined in the cancellation-of-removal statute. It determined that Singh's evidence did not substantiate his claims of hardship, as the BIA found that diminished educational options and health issues did not rise to the level of exceptional hardship required by law.

Conclusion

The court denied Singh's petition for review in part and dismissed it in part, affirming the BIA's decision that Singh did not meet the necessary criteria for cancellation of removal.

We thus may uphold the Board's decision based on Singh's inability to establish any of the eligibility requirements. That is the proper course in this case. Although we conclude that we now have jurisdiction to consider Singh's hardship argument, it nevertheless fails on its merits.

Who won?

The Board of Immigration Appeals prevailed because Singh failed to demonstrate the required hardship, and the court found no error in the BIA's application of the legal standard.

The Board of Immigration Appeals upheld this decision. It agreed that Singh failed to show his continuous presence in the United States for the ten-year period.

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