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First Circuit Rejects Agency's Hardship Determination


March 21, 2025
by Sabrina Damast

The First Circuit has remanded a cancellation of removal case, finding that the agency failed to evaluate how the qualifying relative’s specific learning disabilities would influence the hardship he would suffer if his parents were deported.

The full text of Duarte de Martinez v. Bondi can be found here:

https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/24-1057P-01A.pdf

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