21 Relief from Removal and Regularization of Status 21 Relief from Removal and Regularization of Status
21.1. set-up: relief from removal
21.2 INA 240A, 249, 212(h) 21.2 INA 240A, 249, 212(h)
INA 240A, 249, 212(h) [240A markup]
21.3 Matter of Recinas, 23 I&N Dec. 467 (BIA 2002) 21.3 Matter of Recinas, 23 I&N Dec. 467 (BIA 2002)
available on Westlaw here
21.4 Problems 21.4 Problems
Note: for the first two problems you will need to apply 240A(d).
If the Lopezes were removed to Mexico:
-- They would be forced to sell their home at a loss.
-- Mr. Lopez's income would be reduced substantially. The evidence of economic hardship is supported by an affidavit from an economist who specializes in Latin America.
-- The three children speak Spanish, but they are currently enrolled in American schools, and none reads or writes Spanish. They have never visited or lived in Mexico. Teachers have provided affidavits detailing the diminished educational opportunities available in Mexico and the serious emotional difficulty that the children would suffer if their parents were removed and they accompanied the family to Mexico.
-- Ms. Lopez's mother is an LPR living in the United States, and her brother is a U.S. citizen. The Lopezes also have significant family ties in Mexico.
-- The family would leave behind many friends and relatives. For example, the vice president of the local bank, who financed the mortgage on the purchase of the Lopez's home, would testify that the family "would be an asset to any country in which they chose to live. He takes pride in his work, and his word is his bond.” A ranch owner who employed both Mr. and Ms. Lopez in the past, would state: “I have had continuous contact with the Lopez family over the past decade. I consider them to be outstanding people who would be a great asset to American society. They are hardworking, and persons of the highest moral caliber. They have assimilated themselves well into our society.” The Lopezes are active members of the local Catholic Church as well as the parent association at their children's school.
Assess the propsects for the Lopezes to remain in the United States. Would it make any difference if the youngest child had a rare blood disorder for which adequate treatment would be unavailble in Mexico?