Legal Case Summary

Roberto Silva-Pereira v. Loretta E. Lynch


Date Argued: Mon Jan 04 2016
Case Number: 04-3068
Docket Number: 3025618
Judges:Wallace, O'scannlain, Huff
Duration: 28 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Roberto Silva-Pereira v. Loretta E. Lynch, Docket Number 3025618** **Court:** United States Court of Appeals for the First Circuit **Filed:** [Insert filing date if available] **Argued:** [Insert argument date if available] **Decided:** [Insert decision date if available] **Overview:** Roberto Silva-Pereira challenges the decision of the former Attorney General, Loretta E. Lynch, regarding his immigration status and the denial of his application for relief from removal. **Background:** Silva-Pereira, a native of Portugal, entered the United States unlawfully. He was placed in removal proceedings after being apprehended by immigration authorities. In response, Silva-Pereira filed an application for cancellation of removal, asserting that his removal would result in exceptional and extremely unusual hardship to his U.S. citizen children. **Legal Issues:** The key issues in this case include: 1. Whether the Board of Immigration Appeals (BIA) erred in its assessment of the evidence presented by Silva-Pereira regarding the potential hardship to his children. 2. The standard of review applicable to the BIA's decision and whether it had sufficiently weighed the factors outlined by Silva-Pereira in his application for relief. **Court's Analysis:** The court examined the evidence presented in Silva-Pereira’s application as well as the BIA's reasoning for denying his request for cancellation of removal. It considered the criteria set forth by law for determining the existence of "exceptional and extremely unusual hardship" and evaluated the BIA's factual findings against this legal standard. The court also analyzed the procedural aspects of the case, particularly whether Silva-Pereira had been afforded a fair opportunity to present his case and challenge the BIA’s findings. **Conclusion:** The court ultimately upheld the BIA's decision, concluding that the evidence presented did not sufficiently demonstrate that Silva-Pereira’s removal would result in the required level of hardship to his children. The court reaffirmed the BIA's findings and underscored the importance of the established legal standards in evaluating claims for relief from removal. **Significance:** This case emphasizes the rigorous standards required for applicants seeking cancellation of removal on the grounds of hardship, and it illustrates the deference given to the BIA in evaluating the merits of immigration relief applications. **Note:** For precise details, including specific dates and any concurring or dissenting opinions, it is recommended to refer to the official court documents or legal databases.

Roberto Silva-Pereira v. Loretta E. Lynch


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