Fernandez

BACKGROUND

Fernandez testified at her removal hearing that her children would accompany her back to Mexico if she is removed. Stacey also testified, stating that she did not want to go to Mexico. The IJ’s decision denying relief commented that “we’re dealing with two minor children, ages seven and four. Stac[e]y appeared and it is very obvious that bilingual educa- tion has not made her fluent in English, nor has it produced results that show concepts in either Spanish or English . . . .” The IJ noted that Fernandez’s husband had work authorization in the United States and stated that “at no time does [Fernan- dez] have to take either [child] to any country if she chooses not to, since they have a home.” The IJ added that “[e]xtended family members all live in Mexico,” drawing on Fernandez’s testimony about her seven siblings and mother. Although Fer- nandez “has health insurance which allegedly covers the whole family,” the IJ noted, she “related . . . an average result FERNANDEZ v. GONZALES 2115 if, in fact, the children would have to leave the United States and would accompany her. However, she has ample family, specifically a spouse who works and who could…