CANCELLATION OF REMOVAL FOR A LEGAL PERMANENT RESIDENT
(FORM 42A)
Matter of M-M-D, A#XXX-XXX-396 (BIA May 16, 2022) (The Board held that the "positives equities" in the instant case "were weighed against her sole conviction for possession of less than 1 gram of methamphetamine (citations omitted), as well as other encounters with law enforcement that resulted in dismissed charges" (citations omitted). "Upon balancing the respondent’s positive equities against the negative factors in the record", the Board "conclude[d] that the respondent warrants cancellation of removal as a matter of discretion".).
***In remand the IJ GRANTED Cancellation of Removal to the respondent.
WITHHOLDING-ONLY REMOVAL PROCEEDINGS
Matter of S-M-M, A#XXX-XXX-838 (BIA August 20, 2021) This case involves a Honduran transgender woman who was brutalized by relatives of her former partner with previous attempts to enter the U.S. unlawfully. The IJ determined that she did not suffered harm that rose to the level of past persecution, and that she did not suffer persecution on account of a protected ground. The Board did find that the IJ analysis was in error, and that the "regular and methodical targeting" of a victim supports a finding of persecution for purposes of analyzing an asylum claim."
See Gjetani v. Barr, 968 F.3d 393, 398 (5th 2020). Finally, the Board ordered the case to be remanded to give the government the opportunity to establish if there has been "fundamental changes in country conditions".
***In remand the IJ GRANTED Withholding of Removal to the respondent.
