United States Ninth Circuit

In an immigration case, petition to review denial of application to cancel removal is granted and the case remanded to the Board of Immigration Appeals (BIA) where: 1) petitioners exhausted their remedies before the BIA; 2) petitioners challenged the legal standard used below, not discretionary application of facts onto the legal standard; 3) the Immigration Judge erroneously required a showing that removal would result in unconscionable harm to the petitioners' citizen children; and 4) the Immigration Judge erred by looking at petitioners' children's current conditions, rather than their future condition with parents removed.

Appellate Information

• Argued 06/10/2008
• Decided 09/10/2008
• Published 09/10/2008

Judges

• TASHIMA, Circuit Judge:, Before:  A. WALLACE TASHIMA, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Philip Barilovits, Dechert LLP, Palo Alto, CA, and Kathy J. Huang, Reed Smith LLP, Los Angeles, CA, for the petitioners.


• For Appellees:
  
• Julie S. Pfluger, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.