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ALVARADO DE RODRIGUEZ v. HOLDER

No. 08-60585.

585 F.3d 227 (2009)

Esperanza ALVARADO DE RODRIGUEZ, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

October 9, 2009.

Attorney(s) appearing for the Case

Simon M. Azar-Farr (argued), Simon Azar-Farr & Associates, San Antonio, TX, for Petitioner.

Michael Christopher Heyse (argued), Justin Constantine, John S. Hogan, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Mario R. Ortiz, U.S. INS, Dist. Dir. Office, San Antonio, TX, for Respondent.

Before DAVIS, OWEN and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Esperanza Alvarado de Rodriguez ("Alvarado") appeals the Board of Immigration Appeals' ("BIA") decision, which overturned an Immigration Judge's order granting her a good-faith hardship waiver of the joint filing requirement of section 216(c)(4)(A) of the Immigration and Nationality Act ("INA"). Such a hardship waiver was required to remove the conditional nature of Alvarado's status, and the BIA's denial of the waiver meant she would be removed...

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