Luis Hernandez v. Ashcroft (9th Cir. Oct. 7, 2003)

In the case of Luis Hernandez v. Ashcroft, the immigration judge denied Hernandez’s VAWA suspension of deportation case because the court determined that she had not suffered extreme cruelty in the U.S., when her lawful permanent resident spouse abused her in Mexico, tracked her down in the U.S., convinced her to come back to Mexico, and abused her again. The 9th Circuit reversed and held that she suffered extreme cruelty through domestic violence because the interactions in the U.S. were within a well-recognized cycle of violence that is psychologically and practically crucial to maintaining the batterer’s control. Although she was separated from her husband her VAWA suspension of deportation case was approved and she was granted lawful permanent residency (9th Cir. Oct. 7, 2003).