Singh v. Rosen, No. 20-3127 (6th Cir. 2021)
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Singh, a citizen of India, came to the U.S. in 1991, then 22 years old. He obtained a temporary transit visa for work on a ship, Singh drove cabs instead. He has taken periodic trips back to India. In 1997 and 2005 he entered into "sham" marriages. Charged as removable for remaining in the country illegally, 8 U.S.C. 1227(a)(1)(B), Singh sought cancellation of removal, 8 U.S.C. 1229b(b)(1), arguing that his removal would harm his children (U.S. citizens), born in 2011 and 2013, and mother, a legal permanent resident, who owns a convenience store and has a good relationship with his U.S.-citizen brothers,
The IJ denied Singh’s application finding that Singh failed to prove that he had continuously been present in the U.S. for a 10-year period immediately prior to the date that he was served with his “notice to appear” and failed to prove “exceptional and extremely unusual hardship." The BIA affirmed. The Sixth Circuit denied relief. Reviewing the hardship claim as a mixed question of law and fact, the court noted that Singh did not dispute that his mother’s and children’s health conditions were insufficiently serious to create that hardship; BIA precedent holds that diminished educational options alone do not establish the required hardship. Singh did not show that his children would be deprived of all opportunity to obtain any education. Singh failed to exhaust his remedies with respect to a claim of unconstitutional bias by the IJ.
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