Immigrant Loses Claim of Hardship to Unborn Child
5/11/2010 10:26:00 AM,
(CN) - The 9th Circuit refused to expand the term "child" in denying the hardship petition of an Indian man who claimed his unborn daughter qualified as a relative.
A three-judge panel denied Rana Partap's bid to stay in the United States, saying the court "simply does not contemplate the cancellation of removal based on the hardship to be suffered by a 'de facto' child."
"Partap's unborn daughter did not meet the statutory definition of a 'child' at the time of his hearing before the immigration judge, and the [Board of Immigration Appeals] did not err in determining that the unborn child was not a qualifying relative for purposes of cancellation of removal," the San Francisco-based panel ruled.