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Matter of Cervantes-Gonzalez

Board of Immigration Appeals
22 I & N Dec. 560 (1999)


Facts

Cerveantes-Gonzalez (plaintiff) was born in Mexico and lived in the United States since 1989. He married a permanent resident in 1995. His wife became a naturalized United States citizen in 1996. They both reside with his wife’s family, while most of Cerveantes-Gonazelez’s family lives in Mexico. Sometime before he married his wife, Cerveantes-Gonzalez was convicted for having a fraudulent birth certificate and faced deportation proceedings. After his marriage, he requested a waiver of inadmissibility and adjustment to permanent resident status based on the fact that deportation would cause extreme hardship to his wife. He claimed that he and his wife are poor, and his wife would be unable to visit her family in the United States if she followed him to Mexico. His wife testified that she would have a hard time finding work in Mexico. The Immigration Judge denied his request, and he then appealed to the Board of Immigration Appeals.

Rule of Law

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Issue

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Holding and Reasoning (Grant, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (Villageliu, J)

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