Mexican Citizen Gets Partial Remand in Removal Cancellation Case

A Mexican immigrant can have a second chance at seeking cancellation of her removal because an immigration judge and appeals board didn’t consider all of the relevant evidence concerning whether her daughter would face unusual hardship if her mother were removed, the Fourth Circuit said Monday.

The immigration judge correctly found the facts don’t support Virginia Garcia Cortes’ daughter would suffer exceptional and extremely unusual hardship if she was removed, but the judge and Board of Immigration Appeals didn’t adequately address a therapist’s letter on behalf of Cortes’ daughter—referred to as R.—concerning how removing her mother would impact her mental ...