Cruz Rendon v. Holder

Petitioner Araceli Cruz Rendon (“Cruz Rendon”), a native and citizen of Mexico, seeks review of the decision of the Board of Immigration Appeals (“BIA”) affirming the denial of her application for cancellation of removal by the Immigration Judge (“IJ”). Cruz Rendon claims that the “exceptional and extremely unusual hardship” requirement of 8 U.S.C. § 1229b(b)(l) violates the Equal Protection Clause of the United States Constitution, and that the IJ denied her a full and fair hearing in violation of the Due Process Clause. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We agree that the IJ denied Cruz Rendon a full and fair hearing and that this preju diced Cruz Rendon’s ability to present evidence in support of her application for cancellation of removal. Accordingly, we grant the petition for review and remand to the BIA with instructions to order a new hearing before the IJ.

BACKGROUND

Cruz Rendon entered the United States illegally at some time after January 1, 1990. In 2004, the government initiated removal proceedings against her. Cruz Rendon appeared before IJ Anna Ho on November 15, 2004 and requested a continuance so that she could retain counsel; the IJ granted a…