Fifth Circuit Finds Jurisdiction to Review if VAWA Cancellation Applicant has Suffered Extreme Cruelty

The Fifth Circuit has determined that “extreme cruelty,” as required for VAWA cancellation of removal, is a mixed question of fact and law that a federal court has jurisdiction to review. The Court indicated review would be deferential as the determination is fact intensive.

The full text of Simantov v. Bondi can be found here:

https://www.ca5.uscourts.gov/opinions/pub/24/24-60487-CV0.pdf

Eleventh Circuit Confirms that Extreme Cruelty Includes Non-Physical Abuse

The Eleventh Circuit has determined that the term “extreme cruelty,” as used in the VAWA cancellation of removal statutes, includes non-physical forms of abuse.

The full text of Ruiz v. Attorney General can be found here:

https://media.ca11.uscourts.gov/opinions/pub/files/202210445.pdf

An amended opinion can be found here:

https://media.ca11.uscourts.gov/opinions/pub/files/202210445.op2.pdf