Background
Petitioner Harsimran Singh, a native and citizen of India, sought review of the Board of Immigration Appeals denial of his motion to reopen his removal proceeding to seek relief under the Violence Against Women Act. The BIA denied the motion as untimely, determining that Singh had not demonstrated extraordinary circumstances or extreme hardship to his children to allow waiver of the time limitation under Section twelve hundred twenty-nine A, subsection C, paragraph seven, subsection C, subsection four, subsection three.
The court’s reasoning
The court reviewed the BIA’s determination under the deferential standard of review of abuse of discretion. The court found that the BIA did not abuse its discretion when it determined that Singh had not demonstrated extreme hardship to his children. The court noted that Singh’s affidavit lacked sufficient and coherent details to establish the children’s circumstances or his role in protecting them, despite the BIA acknowledging his claims were extremely troubling. The court emphasized that Singh did not present specific, objective evidence to meet his burden to establish extreme hardship under the relevant statute.
What it means going forward
The petition for review was denied, and the temporary stay of removal was lifted forthwith.