Leiva-Mendoza v. Holder
Leiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the
Why it matters
Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it.
Topics
Removal defense
VAWA / U / T
Forums
BIA
Court of appeals
Jurisdictions
8th Circuit