Deportation Factory: Exceptional & Unusual Hardship 

Family wins appeal to stay in United States

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At the heart of the recent dispute between judges and attorneys in Salt Lake Immigration Court, highlighted in Deportation Factory, are 42B applications. These relate to people in deportation proceedings who seek to argue that their expulsion from the country would impose exceptional and extremely unusual hardship on their loved ones.

Attorneys argue that immigration judges often impose too high a standard on what Congress has already defined as a very difficult obstacle to families staying in the United States. In the following documents, attorney Jonny Benson appeals Judge Dustin Pead's decision to deport "Pedro." He outlines both the poverty that Pedro, his wife and five children face, and also the loss of educational opportunities that deportation will impose on his offspring. In Pead's oral decision, which follows, he exhaustively assesses the "equities" of Pedro and his family and also the hardships that they face if deported to Mexico. While he acknowledges that Pedro is "a good father and a meaningful member of society," he nevertheless finds that Pedro's family will face "the types of hardships that would ordinarily be expected with a deportation." In November 2011, the Board of Immigration Appeals found in favor of Pedro, ruling that the hardship his five U.S.-citizen daughters faced was indeed exceptional and extremely unusual.

Economic Hardship

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