Johnson v. Attorney General

602 F.3d 508 (2010)

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Johnson v. Attorney General

United States Court of Appeals for the Third Circuit
602 F.3d 508 (2010)

  • Written by Haley Gintis, JD

Facts

In 2003, Wilfred Johnson (plaintiff), a Guyana citizen, married a United States citizen (wife). The wife sought an Alien Relative Petition to allow Johnson to stay in the United States. However, in 2006, the wife withdrew the petition, filed for divorce, and sought a restraining order to prohibit Johnson from visiting the couple’s children. Johnson was then charged with removability. Johnson filed an application to cancel the removal pursuant to the Special Rule for Battered Spouses. The rule granted the attorney general (defendant) authority to cancel the removal of individuals who have been subjected to extreme cruelty by a spouse. The immigration court conducted a hearing. Johnson testified that his wife acted with extreme cruelty by making false accusations against him and forbidding him from contacting the children. Johnson also claimed that his children would suffer if he were removed. The immigration judge (IJ) concluded that Johnson was not subject to extreme cruelty. Johnson appealed. The Board of Immigration Appeals (BIA) affirmed. Johnson appealed to the United States Court of Appeals for the Third Circuit.

Rule of Law

Issue

Holding and Reasoning (Sloviter, J.)

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