The Board of Immigration Appeals (BIA) in Matter of Martinez, 25 I&N, Dec. 66 (BIA 2009) ruled yesterday that an individual who is a lawful permanent resident (green card holder) and, who meets the definition of a battered spouse may be eligible to apply for Cancellation of Removal as a form of relief against removal (deportation) pursuant to the Violence Against Women Act (VAWA). This form of relief is also knows as, “VAWA Cancellation.”
Prior to yesterday’s ruling, VAWA Cancellation was typically available to battered spouses in deportation proceedings who weren’t green card holders.
This ruling will allow green card holders who are also battered spouses and, who happen to be in deportation proceedings, to pursue VAWA Cancellation as a defense.
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