BIA Issues Decision on Heightened Standard 209(c) Waiver

The Board of Immigration Appeals has determined that hardship to the applicant is counted in the “exceptional and extremely unusual hardship” standard for a heightened standard 209(c) waiver. However, even if an applicant establishes the exceptional and extremely unusual hardship required to demonstrate extraordinary circumstances, a section 209(c) waiver and adjustment of status may still be denied in the exercise of discretion if the adverse factors, particularly those involving the alien’s criminal conduct, outweigh the favorable ones. . If the applicant has demonstrated exceptional and extremely unusual hardship, that finding would be a significant favorable factor in a discretionary analysis.

The full text of Matter of C-A-S-D- can be found here:

https://www.justice.gov/eoir/page/file/1214306/download

Ninth Circuit Interprets Heightened Standard NACARA Regulations

The Ninth Circuit has determined that an applicant subject to the heightened standard for NACARA must establish ten years of continuous physical presence following the applicant's most recently incurred ground of removal.  In so holding, the Court deferred to the Board of Immigration Appeals' decision in Matter of Castro-Lopez.  Campos-Hernandez was convicted of drug-related offenses in California in 2003, 2005, and 2008.  Because ten years had not passed since the 2008 offense when the Board of Immigration Appeals denied his case, he could not meet the continuous physical presence requirement.

The full text of Campos-Hernandez v. Sessions can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/05/02/14-70034.pdf