United States Court of Appeals for the Ninth Circuit
345 F.3d 824 (2003)
Hernandez (defendant) is a Mexican citizen who married her husband Refugio, a United States permanent resident, in 1990. They lived in Mexico together until Refugio physically assaulted her on multiple occasions. Hernandez then fled to her sister's house in Los Angeles. Refugio followed her, and promised to seek counseling and treat her better if she returned to Mexico with him. She returned with him, but he did not seek counseling and severely battered Hernandez. She fled to the United States again, this time to Salinas, California, where she met her current partner. They attempted to move to Alaska to find work, but the Immigration and Naturalization Service (INS) picked her up and began removal proceedings. The immigration judge denied her application to cancel removal because of a lack of credibility and failure to prove that she was a victim of domestic violence. The Board of Immigration Appeals reversed the credibility determination, but found that she had not proved that she was subject to extreme cruelty in the United States as required by the Violence Against Women Act of 1994. She then appealed to the Court of Appeals for the Ninth Circuit.
Rule of Law
Holding and Reasoning (Jones, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 240,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.