Matter of Martinez

Martinez (respondent), a Mexican national who became a lawful permanent resident after DHS approved her petition as an abused, battered spouse of a lawful permanent resident, later divorced her abusive husband; years afterward, she was detained attempting to re-enter the U.S. from Mexico with two minor children who weren't hers, and DHS initiated removal proceedings for alien smuggling. Martinez testified she brought the children as a favor to their mother, described extensive abuse from her ex-husband, and argued deportation would create hardship for her 16-year-old hearing-impaired son; the immigration judge, weighing her years of lawful residence, employment, and remorse against her unfiled taxes, a DUI conviction, and the child-smuggling incident, nonetheless granted her a discretionary special-rule cancellation of removal as a battered spouse, and DHS appealed.