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Champion v. Holder

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ARGUED MAY 19, 2010

Before O’CONNOR, Associate Justice, and WILLIAMS*fn1 and SYKES, Circuit Judges.

Olaronke Champion, a citizen of Nigeria, legally entered the United States in 1988. The government initiated removal proceedings against her in 2005. Champion applied for cancellation of removal based on the hardship that would result to her minor children if she would be deported. The immigration judge (“IJ”) denied her application, in part because he concluded that other family members, including the children’s father who was also under removal proceedings, were available to support the children in the event that Champion was deported. The Board of Immigration Appeals (“BIA”) affirmed the denial of relief, and Champion petitioned this court for review. We affirm the BIA’s findings with respect to Champion’s due process claims because she had a full opportunity to present her case and the IJ did not consider improper information. However, because the BIA did not address Champion’s claim that the possibility of the deportation of the children’s father would constitute an extremely unusual hardship, we remand for further consideration.

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