4th Circ. revives domestic abuse victim's bid to put off deportation

(Reuters) - A U.S. appeals court on Thursday said the U.S. Board of Immigration Appeals must reconsider a Mexican citizen's bid to pause her deportation case while she pursues temporary lawful status stemming from domestic violence she endured.

A three-judge panel of the 4th U.S. Circuit Court of Appeals said the board ignored the fact that Patricia Garcia Cabrera will likely receive a U visa, which allow victims of serious crimes who assist law enforcement to remain in the U.S. for up to four years, when it denied her request to put off her case.

The court said the likelihood that an individual facing deportation will be granted lawful status is the primary factor in determining whether to stay a case, and an immigration judge who denied Garcia's bid gave too much weight to other considerations.

The BIA then failed to adequately explain its 2020 decision affirming the judge, the court said.

Circuit Judge Allison Rushing in a brief concurring opinion said the majority's ruling could be read to suggest that the BIA must always grant a stay to someone who is likely to receive a visa.

Rushing said the BIA can consider secondary factors, but must at least discuss the likelihood of relief.

Garcia's lawyer, Melody Busey of Devine & Beard, did not respond to a request for comment. Nor did the U.S. Department of Justice.

Garcia entered the U.S. in 2014 on a tourist visa and remained in the country after it expired, according to court filings. She reported her boyfriend to police for physically assaulting her in front of her young child in 2015.

The case is Garcia Cabrera v. Garland, 4th U.S. Circuit Court of Appeals, No. 20-1943.

For Garcia: Melody Busey of Devine & Beard

For the government: Sherease Pratt of the U.S. Department of Justice

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