Maria Miriam Turri v. Immigration & Naturalization Service

BRORBY, Circuit Judge,

respectfully dissenting.

I dissent. The majority has rocketed the concept of relevancy to dazzling new heights.

If Ms. Turri has a case to avoid deportation it can result only from her demonstrating that deportation would result in extreme hardship to her. To make her case Ms. Turri has asserted she gave assistance to the community, deportation would cause her to lose her position in the community and she might lose the business she illegally operated in this Country. ■ The majority concludes these factors aré relevant to the issue of whether or not Ms. Turri will suffer extreme hardship and reverses the Board’s decision because the Board failed to consider and discuss these factors.

The term “extreme hardship” simply means suffering far beyond the norm. The Board has an obligation to consider any fact which would have a tendency to make the existence of undue suffering more probable than not. Losing the ability to assist a community or losing a position in a community simply cannot result in extreme hardship. The same must be said of the loss of a business which'was acquired and operated in a blatant violation of law. The deportation of Ms. Turri may well result in a loss to this Country. It will not result in an extreme hardship to her.

The majority’s decision will have two consequences. First, it opens the door to every illegal alien to claim extreme hardship will result because they will lose their illegally obtained job or their status in the community, or because they will no longer be able to assist their illegally adopted community. Second, it will require the Immigration Judge and the Board to write concerning every contention, regardless of how fanciful, as this court may well decide the contention is relevant to the issue of extreme hardship. We have stretched the concept of relevancy far beyond its breaking point.

I would AFFIRM.