The Board of Immigration Appeals has denied a motion to reopen filed by a Jamaican respondent seeking to pursue adjustment of status based on his marriage to a U.S. citizen, following approval of a family visa petition after his removal order became final.
The Board held that the respondent's convictions for sexual abuse and forcible touching might require him to show exceptional and extremely unusual hardship, rather than the ordinary extreme hardship standard, to obtain a waiver of inadmissibility, and that he failed to meet even the lower standard given that he was already detained before the marriage and identified no specific increase in hardship his wife would face from his removal. The Board also held that his substantial family equities were outweighed by the seriousness of his sexual offense convictions in the discretionary analysis, and denied reopening for lack of a realistic chance of success on the merits.
The full text of Matter of Y-S-P-T- can be found here: https://www.justice.gov/eoir/media/1453536/dl?inline