Matter of Cervantes-Gonzalez
Board of Immigration Appeals
22 I & N Dec. 560 (1999)
Cervantes-Gonzalez (plaintiff), a Mexican citizen who had lived in the U.S. since 1989 and married a permanent resident who later naturalized, was convicted of possessing a fraudulent birth certificate and faced deportation proceedings; he requested a waiver of inadmissibility and adjustment to permanent-resident status, arguing deportation would cause his wife extreme hardship since the couple was poor, she'd struggle to visit her U.S.-based family from Mexico, and she'd have difficulty finding work there. The immigration judge denied his request, and he appealed.
Whether forcing a spouse to choose between following her deported husband and staying with her family in the United States is considered extreme hardship for immigration purposes.