May-June 2013

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NAVIGATE RESOURCES: Table of Contents InfoNet aila.org Find a Member ? ! Contact a Mentor Shop Agora FOR MORE ON LITIGATION: would undermine the flourishing career of their U.S. citizen daughter, an extremely talented dancer. "As an 11 year old child[,] she is a professional dancer, employed by an NBA franchise," the BIA noted. "Due to her demonstrated aptitude[,] she trains with adults. Moreover, she dances competitively with two dance schools. These facts establish she is extremely talented. This talent has provided her with unusual opportunities." The BIA concluded that because of the daughter's talent, and the significant opportunities available in this country, "the hardship created by her inability to continue dancing is substantially beyond that which would typically result when a close family member leaves the United States." To illustrate the child's aptitude and accomplishments in hip-hop dancing during the immigration court hearing, Kevin Crabtree, an attorney at the Law Office of Robert L. Lewis in Oakland, CA, relied on documentary evidence and testimony from the child's mother. He showed the immigration judge full color photos of the child performing at NBA games. He also provided information about the high admissions standards of each of the two schools that the child attends, one of which even features her profile on its website. And through the examination of the child's mother, Crabtree was able to demonstrate how her hip-hop knowledge and career management were critical to her daughter's rising success. In retrospect, Crabtree said that he also would have called on witnesses from the schools and the NBA team to testify, as well, to describe the child's flair for dancing. A few weeks before submitting the BIA's decision to AILA for publication, Crabtree noticed In re Ruperto Andrade, A097 681 046 (BIA Sept. 17, 2012), another cancellation of removal case involving a child with stellar credentials. "I was wondering if Litigating Immigration Cases in Federal Court, 3rd Ed. Purchase > Representing Clients with Mental Health Issues (Recording) Purchase > FOR MORE ON REMOVAL: The Waivers Book Purchase > Appeals to a Higher Authority: AAO and BIA (Seminar Recording) Purchase > Cancellation of Removal for Non-LPRs and LPRs (Seminar Recording) Purchase > it's part of a trend of the [Obama] administration recognizing exceptionally gifted children, in a sense, and I kind of think that might be consistent with DACA and DREAM Act," he said. To increase the chances of prevailing on an application for cancellation, Crabtree advises attorneys delve into their client's past, "find the hook that's going to matter to the judge," and explore it. Sheeba Raj is a legal editor for AILA and reporter for VOICE. M AY/ J UNE 2013 39

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