Ettienne v. Holder, No. 10-3896 (6th Cir. 2011)Annotate this Case
Petitioner, a citizen of Trinidad, entered the U.S. at age 16, for a 1987 track competition and remained beyond expiration of her visa. Before college, she was involved in a scheme in which a U.S. citizen, received money to claim to be her husband. Both admitted to the fraud, which petitioner attributed to her coach. No removal action followed. At college she met a U.S. citizen, who became her husband in 1999. They have sons, work, and own a home. Petitioner filed for adjustment of status based on the marriage, but the request was denied under 8 U.S.C. 1154(c) because of her involvement in the fraud. She conceded removability under 8 U.S.C. 1227(a)(1)(B), but contested the fraud allegation. Although she had 10 years of continuous presence, good moral character, and lack of certain criminal convictions, the IJ denied cancellation of removal under 8 U.S.C. 1229b(b)(1)(A)-(C), finding that petitioner had not shown that removal would cause her husband or children to suffer more hardship than would normally be expected under the circumstances. The BIA affirmed. The Sixth Circuit dismissed an appeal for lack of jurisdiction. Although petitioner is very sympathetic, the explicit preclusion of review of cancellation denials applies.