Matter of Rasheen Stefan Best

Summary

The Board of Immigration Appeals sustained the Department of Homeland Security’s appeal, vacated the Immigration Judge’s decision, and denied the respondent’s applications for a waiver of inadmissibility under INA section 212(h) and adjustment of status. The Board held that the respondent had not established extreme hardship to qualifying relatives and that his family and community equities did not outweigh his serious and lengthy criminal history and lack of persuasive evidence of rehabilitation. The respondent was ordered removed to Barbados.

Holdings

1. The respondent did not establish the extreme hardship required for section 212(h) relief because the emotional and financial difficulties his wife, children, and mother would experience from his removal fell short of the statutory extreme-hardship standard.
2. The respondent was not eligible for a section 212(h) waiver or adjustment of status as a matter of discretion because his serious and lengthy criminal history outweighed his family and community equities, length of residence, career plans, and potential family hardship, particularly in the absence of persuasive evidence of rehabilitation.
3. Criminal conduct that has not culminated in a final conviction for purposes of the INA remains an appropriate factor to consider in a discretionary immigration determination.

Questions Presented

1. Whether the respondent established that his removal would result in extreme hardship to qualifying relatives sufficient for a waiver under section 212(h) of the INA.
2. Whether the respondent was eligible for a section 212(h) waiver and adjustment of status as a matter of discretion in light of his criminal history, arrests, equities, and lack of persuasive evidence of rehabilitation.
3. Whether criminal conduct that did not result in a final conviction may be considered as a factor in a discretionary immigration determination.

Disposition

vacated