Board of Immigration Appeals Decides Matter of Martinez Involving Victims of Domestic Violence
In Matter of Martinez, the Board of Immigration Appeals (BIA), which is the administrative appellate court for the Executive Office for Immigration Review, held a lawful permanent resident alien is eligible to seek special cancellation of removal for battered spouses under INA Section 240A(b)(2). The BIA analyzed the history of the Violence Against Women Act (VAWA) and concluded that special cancellation of removal for battered spouses should not be limited to aliens who do not currently have valid immigration status. The BIA held that special cancellation of removal should be available to lawful permanent residents as well.
This case will likely help lawful permanent residents who are ineligible for LPR cancellation of removal due to stop-time rule issues.
If you or a loved one is currently in immigration court proceedings, The Nunez Firm might be able to help you. Contact The Nunez Firm today to schedule a free and confidential consultation.
