Johnson: No Jurisdiction To Review Extreme Cruelty for VAWA Cancellation

Johnson v. Holder

No. 07-2820

Precedential

April 16, 2010

For Mr. Johnson, Ransford B. McKenzie of Brooklyn, NY. For the government, John S. Hogan, Kathleen J. Kelly, and Briena L. Strippoli.

Judges Sloviter, Nygaard, and Chief Judge Restani of the US Court of International Trade. Decision by Judge Sloviter. Upholding the BIA's affirmance of IJ Mirlande Tadal's decision.

The Third Circuit held there was no jurisdiction for a circuit court to review denial of cancellation of removal under the Special Rule for Battered Spouses where it was based on failing to prove extreme hardship. The Fifth, Seventh, and Tenth Circuits have already ruled similarly because the definition of extreme hardship is not self-explanatory and the Third Circuit believes it falls within the discretion of the IJ.