Lam v. Holder, No. 11-2576 (7th Cir. 2012)
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Lam, a citizen of Senegal, entered the U.S. on a visitor’s visa in 1994. In 1995, he adjusted his status to that of student, and in 2000, he adjusted his status to become a lawful permanent resident based on marriage to a citizen. After being found inadmissible due to a 2002 conviction for fraud, Lam sought a waiver under 8 U.S.C. 1182(h)(1)(B), as a spouse of a U.S. citizen who would suffer extreme hardship if the noncitizen is removed. Lam presented evidence that his wife suffered from depression. Lam was also asked about the events leading to his 2002 conviction. The Immigration Judge found that Lam had not shown that his wife would suffer hardship that reached the level of “extreme,” and that he failed to show rehabilitation because his testimony conflicted with a document in the record related to an investigation of an incident at a car dealership. The Board of Immigration Appeals dismissed an appeal. The Seventh Circuit vacated the removal order and remanded. The IJ and BIA overlooked material evidence related to Lam’s wife’s depression and improperly relied on a report to determine that Lam failed to show rehabilitation.
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