Rosario v. Holder

627 F.3d 58 (2010)

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Rosario v. Holder

United States Court of Appeals for the Second Circuit
627 F.3d 58 (2010)

  • Written by Haley Gintis, JD

Facts

In 1994, Josefa Rosario (plaintiff), a Dominican Republic citizen, obtained a one-month nonimmigrant tourist visa to come to the United States. Rosario remained in the country after the visa expired. In 1996, Rosario married Pedro Martinez, who was a US citizen. Rosario applied to receive Legal Permanent Resident status. The application was denied in 2000 because Rosario took no further action after filing the application. In 2002, Rosario was charged with removal. In response, Rosario claimed that she was subject to extreme cruelty and that therefore Attorney General Eric Holder (defendant) had discretion to cancel her removal. Rosario alleged that she had been physically and verbally abused by Martinez on five different occasions. However, the immigration judge (IJ) found that Rosario had not suffered extreme cruelty and denied the petition. Rosario appealed. The Board of Immigration Appeals (BIA) affirmed. Rosario appealed to the United States Court of Appeals for the Second Circuit.

Rule of Law

Issue

Holding and Reasoning (Jacobs, C.J.)

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