Does Board of Immigration Appeal (BIA) verify evidences?

[tserenda]

My son (US citizen) is in special education due to learning and speech disabilities. I am appealing the deportation order with BIA due to extreme hardship. Two questions:
1. Will BIA contact my son's teacher and doctor for verification if I provide their contacts?
2. What are my chances of winning the case?

Please help.

 

[dafortycal]

1. No, you have to provide the evidence.
2. That isn't extreme hardship, slim and none are your chances.

My son (US citizen) is in special education due to learning and speech disabilities. I am appealing the deportation order with BIA due to extreme hardship. Two questions:
1. Will BIA contact my son's teacher and doctor for verification if I provide their contacts?
2. What are my chances of winning the case?

Please help.

 

[tserenda]

I appreciate your reply. I wasn't very clear. Sorry.
1. I have the evidences which have the school contact info. Will BIA contact the school to verify the evidence? Should I notify the school beforehand?
2. Why is it not extreme hardship? Is there a list of extreme cases?

Thanks,

 

[aosing]

I appreciate your reply. I wasn't very clear. Sorry.
1. I have the evidences which have the school contact info. Will BIA contact the school to verify the evidence? Should I notify the school beforehand?

They can but they probably won't, since they will probably deny the application as submitted.

2. Why is it not extreme hardship? Is there a list of extreme cases?

Thanks,

An extreme hardship is a hardship to the U.S. citizen relative that is much greater than the ordinary hardship that would be expected given the deportation of the noncitizen relative. The fact that your son is in special ed is very unlikely to qualify. He can stay in special ed in the US with another relative or friend or he can go home with you. Those are the ordinary hardships of deportation, not extreme hardships. Courts have declined to find extreme hardship where there are language and cultural barriers to the child's reintegration, for instance.

Also, you are raising the issue on appeal. You had a chance to argue extreme hardship before the deportation order was entered. Your chance of success is close to zero.