How has the court treated the use of a relative as a substitute for a claim for social security benefits when the disability benefits have been terminated?

MultiRegion, United States of America

The following excerpt is from Diaz v. INS, 648 F. Supp. 638 (E.D. Cal. 1986):

In Nat'l Center for Immigrants Rights, 743 F.2d at 1369, the court found that "the hardship to aliens from being unable to work to support themselves and their dependents ... is beyond question." That some of the plaintiffs have been able to rely on relatives for transitional support does not mitigate the seriousness of the

[648 F. Supp. 648]

hardship. See Leschniok v. Heckler, 713 F.2d 520, 523-24 (9th Cir.1983) (support from relatives did not lessen hardship for social security recipient whose disability benefits had been terminated). The hardship is compounded by the fact that without work authorization, many of the aliens have no choice but to work illegally. I am hard pressed to see how placing a refugee in a position where he or she must break the law to survive during the years it may take for a decision on a political asylum application cannot be considered an irreparable hardship.16

[648 F. Supp. 648]

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