In a petition for review of the BIA's denial of petitioner's application for a hardship waiver of the joint petition requirement for permanent residence, the petition is denied where: 1) the BIA considered hardship to all the family members discussed in petitioner's testimony; 2) because petitioner was a former permanent resident who lacked conditional status when he filed his second and third petitions requesting hardship waivers, he had no status to extend; and 3) even if the immigration judge erred in evaluating the evidence concerning hardship, his errors were rendered harmless by the BIA's de novo review.
Argued and Submitted October 6, 2009
Filed January 8, 2010
Opinion by Judge Berzon
Martin Avila Robles, Immigration Practice Group, P.C., San Francisco, CA
Eric W. Marsteller, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC