Juan Cerrillo-Perez and Magdalena Cerrillo-Garcia v. Immigration and Naturalization Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the “BIA 4 cannot adopt a general presumption” unfavorable to applicant but instead “must consider the 5 specific facts and circumstances of each case”
• “the hardship to a citizen child remaining in this country ... is a factor that must be considered on a case by case basis by the BIA”
• “[W]hen important aspects of the individual claim are distorted or disregarded, the BIA has abused its discretion.” (internal quotation marks and citation omitted)
• BIA need not find hardship unless alien shows more than mere existence of a child
• separation from family can be considered “extreme hardship” justifying relief under section 244(a)
• “[T]he Attorney General is not required to find extreme hardship in every case in which an alien illegally in this country is the parent of an American born child. Rather, he (or more precisely his delegee, the BIA

Source: CourtListener parenthetical corpus (CC0).