UPATCHA v. SESSIONS

No. 15-1270.

849 F.3d 181 (2017)

Juraluk UPATCHA, Petitioner, v. Jefferson B. SESSIONS, III, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: February 22, 2017.


Attorney(s) appearing for the Case

ARGUED: Benjamin Winograd , IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, for Petitioner. Arthur Leonid Rabin , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division, Julie M. Iversen , Senior Litigation Counsel, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition for review granted; reversed and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Traxler and Judge Diaz joined.


Facing deportation, petitioner Juraluk Upatcha, a citizen of Thailand, sought a hardship waiver that would allow her to stay in the country despite the fact that her marriage to a United States citizen had ended in divorce. An immigration judge ("IJ") denied the request, concluding that Upatcha failed to demonstrate...

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