Tuesday, March 04, 2008

Cancellation of Removal Unavailable for Alien with Only 8 Years of U.S. Residence

Pohan v. Mukasey, 2008 WL 506284 (2/25/08) (unpub'd) - The alien cannot obtain cancellation of removal on "exceptional and extremely unusual hardship" grounds because he had not been present in the U.S. for 10 years before he was served with a notice to appear [he had been here 8 years]. It did not matter that his daughter suffered from multiple, severe medical conditions and could not get proper medical care in his native country of Indonesia. The alien's plea that "a young girl's life is at stake" fell on statutorily-mandated deaf ears.