Matter of A–M– (BIA 2009)

In this case, the Board of Immigration Appeals considered the question of whether or not a lawful permanent resident is eligible to apply for special rule cancellation of removal for battered spouses.  There are certain aspects of U.S. immigration law which are purely driven by humanitarian considerations.  One of these is the special rule cancellation of removal for persons who are battered, coerced, or abused by their spouses.  Often times, an immigrant who must rely on his or her spouse for sponsorship for immigration status can become a virtual indentured servant to the spouse. The immigrant is put in a precarious position where he or she is at the mercy of the spouse.  Without the spouse’s cooperation in submitting the necessary immigration paperwork, the immigrant would be forced to leave the U.S.  More often than not, the spouse can and will take advantage of this state of imbalance in the couple’s relationship dynamics.  The relationship can turn emotionally or physically abusive, with the threat of removal looming over the immigrant if he or she ever dared to speak up to report or even challenge the abuse.  In effect, the immigrant is forced to endure an abusive relationship because he or she would be unable to leave his or her spouse out of fear of removal.