Deportation Factory: Exceptional & Unusual Hardship | Cover Story | Salt Lake City | Salt Lake City Weekly

Deportation Factory: Exceptional & Unusual Hardship 

Family wins appeal to stay in United States

Pin It
Favorite

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

Pin It
Favorite

Speaking of Immigration

More by Stephen Dark

  • Call it a Comeback

    Long mired in economic depression, Midvale’s Main Street dusts off its small-town charm.
    • Sep 20, 2017
  • Love Letters

    Correspondence between a young woman at the Topaz internment camp and her beloved sheds light on Trump's America.
    • Sep 6, 2017
  • Triggered

    Veterans Affairs exists to help vets. So why did the Salt Lake VA appoint an anti-veteran chief?
    • Aug 30, 2017
  • More »

Latest in Cover Story

  • Finding Her Voice

    One immigrant’s journey from an African village to the Mormon hinterlands.
    • Nov 15, 2017
  • You're Fired!

    Impeach Trump now. Ask us how!
    • Nov 8, 2017
  • Too Little Too Late?

    One man’s death has activists questioning gains in law enforcement policy.
    • Nov 1, 2017
  • More »

Comments

Subscribe to this thread:

Add a comment

Readers also liked…

  • Dancing With Spirits

    Pacific Islander community seeks to both promote their differences and celebrate similarities.
    • Aug 16, 2017
  • Women of Their Word

    Two counter-culture mavens of Salt Lake City's alternative magazine market reinvent themselves for the digital age.
    • May 11, 2016

© 2017 Salt Lake City Weekly

Website powered by Foundation