Alien was entitled to new removal hearing where, although IJ denied alien’s request for cancellation of removal based on exceptional and extremely unusual hardship to his U.S. wife and children, IJ failed to advise alien that asylum or withholding of removal were potential benefits, where alien testified that due to his association with his mother, he feared members of vicious criminal gang who had murdered members of his family, if forced to return to Honduras. Applicable regulation required IJ to provide notice of such potential benefits when alien expresses fear of persecution or harm upon return to native country, and IJ should have given instant regulatory notice, since alien’s testimony expressed harm of type that could render him eligible for asylum or withholding of removal. As such, remand was required so that alien may apply for both forms of relief, and Board is free to consider whether alien’s delay in raising either asylum or withholding of removal claim would disqualify him from such relief under 8 USC section 1158(a)(2)(B).
Federal 7th Circuit Court
Civil Court
Immigration