Yesterday afternoon, I appeared before Immigration Judge Bagley of the San Diego Immigration Court, to receive a decision in the asylum and cancellation of removal matters of a mixed African couple (Husband from Kenya and wife from another African country which I will not name to preserve their anonymity). This case was tried in a one-day trial on May 18, 2010, but could not be decided that day because of the complexity of certain issues and the competing forms of relief sought. The judge ordered myself and the government's attorney to present our closing arguments in writing and then to return on September 7, 2010 for the decision.
Based upon the compelling testimony of the couple and considerable written briefs and closing arguments, the judge granted both asylum and cancellation of removal to the couple. This means that the couple, in addition to being asylees of the United States, have also been accorded Lawful Permanent Resident (green-card) status (an extremely rare circumstance indeed). It should be noted that out of an allotment of 4000 possible cancellation of removal grants for each fiscal year, only 1,300 on average of these very difficult applications are actually granted nationwide.
We are gratified at the outcome for this wonderful couple, and as always, must thank the Court for its life-changing decision and the government's lawyer, for electing not to appeal.
By: Duane M. Hamilton
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