Paz v. Holder
A petitioner possesses the burden to prove that his deportation will cause exceptional and extremely unusual hardship to a child, pursuant to 8 United States Code §1229a(c)(4)(A)(i)-(ii). The petitioner, Marlos Paz, a citizen of Nicaraguan, requested cancellation of deportation. Hartford Immigration Judge Philip Verrillo denied the petitioner's request. The Board of Immigration Appeals denied the petitioner's request for a remand and affirmed. The petitioner appealed to the 2nd Circuit and argued that the board minimized the severity of his child's medical condition. The 2nd Circuit found that the petitioner failed to provide enough evidence, to document his child's medical condition. Allegedly, the petitioner provided the Hartford immigration judge a list of his child's diagnoses, without any information about the seriousness, treatments and medications. The petitioner's attorney allegedly elicited only the most basic testimony from the petitioner. The petitioner did not meet his burden to prove deportation would cause exceptional and extremely unusual hardship to his child. The immigration judge and the board used the correct legal standard and correctly cited the decision in Gonzalez v. Recinas, in which the Board of Immigration Appeals considered the health of family, the ability of the applicant to obtain employment in a home country, the ability to immigrate another way, and monetary assets available to ease the applicant's transition. The 2nd Circuit denied the petition for review. Elyssa Williams represented the petitioner. Edward Durant, Holly Smith and Stuart Delery represented the respondent.