In a petition for review of the BIA’s denial of petitioner’s application for a hardship waiver of the joint petition requirement for permanent residence, the petition is denied where: 1) the BIA considered hardship to all the family members discussed in petitioner’s testimony; 2) because petitioner was a former permanent resident who lacked conditional status when he filed his second and third petitions requesting hardship waivers, he had no status to extend; and 3) even if the immigration judge erred in evaluating the evidence concerning hardship, his errors were rendered harmless by the BIA’s de novo review.

Read Singh v. Holder, No. 07-73792

Appellate Information

Argued and Submitted October 6, 2009

Filed January 8, 2010

Judges

Opinion by Judge Berzon

Counsel

For Petitioner:

Martin Avila Robles, Immigration Practice Group, P.C., San Francisco, CA

For Respondent:

Eric W. Marsteller, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC

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