Matter of J-J-G
Board of Immigration Appeals
27 I & N. Dec. 808 (2020)
- Written by Kelli Lanski, JD
Facts
J-J-G (defendant) applied for asylum and cancelation of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. J-J-G was a citizen of Guatemala but had lived in the United States for several years and was father to five children who were United States citizens. Alongside the children’s mother, they lived with and paid rent to J-J-G’s mother, who was a lawful permanent resident of the United States. J-J-G opposed removal on several grounds, including the fact that one of his children had hypothyroidism and required ongoing medical care. J-J-G also claimed that his mother needed his help to attend her medical appointments. At a hearing, J-J-G and his family testified that they could get his daughter’s medication in Guatemala and that Guatemala provided some free healthcare. They also conceded that his mother could take public transportation to her medical appointments and had, in the past, rented out rooms of her home for income. The immigration judge (IJ) denied J-J-G’s petition, and J-J-G appealed.
Rule of Law
Issue
Holding and Reasoning (Malphrus, J.)
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