Board of Immigration Appeals
25 I. & N. Dec. 66 (2009)
The respondent was a Mexican citizen. In 1984, the respondent married her first husband, who was a United States citizen, in Mexico. In 1989, the respondent legally moved to the United States to live with her first husband. The respondent’s first husband physically and mentally abused her. In 1996, the couple separated. In 2001, the respondent became a legal permanent resident of the United States due to her status as a battered spouse under the Immigration and Nationality Act (INA) and the Violence Against Women Act of 1994 (VAWA). In 2003, the respondent was convicted of driving under the influence. In 2004, the respondent finalized her divorce with her first husband. Also in 2004, the respondent brought two minor children who were not hers into the United States. The United States Department of Homeland Security (DHS) initiated removal proceedings against the respondent. The respondent moved for special rule cancellation of removal for battered spouses under a provision in the INA. While the proceedings were pending, the respondent remarried. The respondent’s second husband was not abusive. The respondent had not seen her first husband since 1998. The respondent had three children legally living in the United States and presented evidence that she had a job, but failed to provide evidence that she filed income taxes. The immigration judge granted the respondent’s request for special rule cancellation of removal. The DHS appealed.
Rule of Law
Holding and Reasoning (Cole, J.)
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