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Bangladeshi Family's Deportation Appeal Denied by First Circuit

By Tanya Roth, Esq. on March 14, 2012 | Last updated on March 21, 2019

Petitioners, a family of Bangladeshi citizens, sought review of a final order of removal issued by the Board of Immigration Appeals, only to have their petition for review denied by the First Circuit Court of Appeals.

The Hasan family is now facing deportation.

The Hasan family entered the United States in 1992 as non-immigrant visitors with authorization to remain in the U.S. until February 3, 1993. The family overstayed their visa and in July 1993, a daughter was born. Immediately after, the father filed an application seeking asylum and withholding of removal, as well as protection under the Convention Against Torture (CAT).

In 2007, the family was called to appear before the immigration court. At that time, they conceded their removability and admitted to the findings of fact. Subsequently, in 2008, the family filed individual applications for cancellation of the removal, where they testified at the hearings that their daughter, a U.S. citizen, would have to undergo extreme hardship if the family were deported to Bangladesh.

The father also testified that as an active participant in the Bangladeshi political scene, he feared for his safety as he had undergone several threats and attacks in Bangladesh between 1985 and 1992.

In 2009, the immigration court denied the cancellation of removal because the family failed to demonstrate that their removal would result in "exceptional and extremely unusual hardship," particularly in light of the evidence provided by the Government that there had been a profound political change in Bangladesh since the family had left in the 1990s. The court also found that the American-born daughter would not be subject to the necessary level of economic hardship as the father was highly educated in Bangladesh.

The claim under the CAT failed because the family failed to show sufficient evidence that they would suffer torture at the hands of the government if repatriated to Bangladesh.

The immigration court's decision was appealed to the Board of Immigration Appeals, who affirmed the decision.

On appeal, the First Circuit found that the Board of Immigration Appeals decision was supported by substantial evidence. The court also denied the cancellation of removal petition due to lack of jurisdiction.

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