United States Ninth Circuit

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.

Appellate Information

• Argued 10/06/2009
• Decided 01/08/2010
• Published 01/08/2010

Judges

• Before MARY M. SCHROEDER and MARSHA S. BERZON, Circuit Judges, and LYLE E. STROM,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Martin Avila Robles, Immigration Practice Group, P.C., San Francisco, CA, for petitioner Balbir Singh.


• For Appellees:
  
• Eric W. Marsteller, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for respondent Eric H. Holder Jr.