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Rosario v. Holder, No. 09-3877

By FindLaw Staff on December 06, 2010 5:19 PM

Denial of Cancellation of Removal Affirmed

In Rosario v. Holder, No. 09-3877, a petition for review of the BIA's denial of petitioner's application for cancellation of removal as an abused spouse under the amended Immigration and Naturalization Act, the court dismissed the petition where the BIA's decision raised no constitutional claims or questions of law.

As the court wrote:  "The Petitioner, Josefa Rosario, is a citizen of the Dominican Republic who seeks cancellation of removal as an abused spouse under the amended Immigration and Naturalization Act.  8 U.S.C. § 1229b(b)(2).  An Immigration Judge ("IJ") found that Rosario was not "battered or subjected to extreme cruelty" within the meaning of the statute and therefore did not warrant discretionary cancellation of removal."

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