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BIA Addresses Syria Conditions in Waiver Case

In a recent decision, the Board of Immigration Appeals, recognized the escalating adverse conditions in Syria as a factor in determining extreme hardship to qualifying relatives in deciding a waiver case in immigration removal proceedings. In this case, the respondent was in removal proceedings and applied for cancellation of removal. The Immigration judge denied his case finding that he failed to establish “exceptional and extremely unusual hardship” to his United States citizen parents. The respondent was a native and citizen of Syria.

After the Immigration Judge denied his case, and while on appeal, his immigration lawyer filed a Motion to Remand Based on New Evidence and cited to the escalating adverse conditions in Syria. The Board of Immigration Appeals recognized the evidence demonstrating that conditions in Syria have dramatically worsened after a March 2011 uprising. The Board opined that this materially changed the case analysis as to whether the requisite hardship existed and remanded the case back to the Immigration Judge with instructions to consider the new evidence.

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