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Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020) (1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of...

Jeffrey S. Chase, June 7, 2019 "On May 31, the BIA published a precedent decision in Matters of Andrade Jaso and Carbajal Ayala .  In that decision, Board Member Garry Malphrus (writing for a panel that included Hugh Mullane and Ellen Liebowitz...

Carrie Pastor Cardinale writes: "I am attaching a BIA opinion on a case in which the my client was detained because the IJ denied bail due to his mental illness. The IJ felt that the client's mental illness made him a security threat regardless...

Russell Abrutyn writes: "The BIA granted a second motion to reopen and remanded for further consideration of the respondent's eligibility for cancellation of removal as a permanent resident.   In reopening, the BIA noted the ineffective assistance...

Matter of Calvillo Garcia,  26 I&N Dec. 697 (BIA 2015) - A term of confinement in a substance abuse treatment facility imposed as a condition of probation pursuant to article 42.12, section 14(a) of the Texas Code of Criminal Procedure constitutes...

Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision...

Disha Chandiramani writes: "[ Here is a] decision I received from the Board reversing an IJ in North Carolina and granting Non-LPR Cancellation of Removal.  The IJ initially denied cancellation.  The respondent appealed and the Board remanded to...

Official Headnote : A notice to appear that was served on an alien but never resulted in the commencement of removal proceedings does not have “stop-time” effect for purposes of establishing eligibility for cancellation of removal pursuant to section...

Official Headnote : A grant of Family Unity Program benefits does not constitute an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2012), for purposes of establishing that...

An alien’s departure from the United States following a criminal conviction for illegal entry under section 275(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1325(a)(1) (2012), interrupts the 10-year period of continuous physical presence required...

"The Immigration Judge stated that it appeared there was an interruption in the respondent's continuous physical presence when he attempted to enter the United States in 2006 and he was returned to Mexico, given that it was not a refusal at the...

Manuel “Manny” Francisco Rios III writes: "Attached is a unicorn of the month for us - a reversal of an over-the-top IJ denial of 10 yr cancellation.  The IJ denied the e-42B on three separate grounds: adverse credibility, lack of requisite hardship...

"We also find that, while the respondent in this case has family in Mexico, her situation nevertheless is analogous to that in Matter of Recinas, supra, as she is a single mother of limited economic means who is supporting her five children, including...

"[W]e place significant emphasis on the hardship caused by inability to continue her dance career.  The Immigration Judge concluded that ZZZZ would be unable to continue her dance career (I.J. at 16, 20).  We do not find clear error in this determination...

H. Raymond Fasano writes: "Attached please find a BIA decision from December 13, 2012 that my Firm won. My partner, Rodney Youman, wrote the brief.  The case is significant because the Board recognized the imputed hardship a non-qualifying relative...

Nicolas Chavez writes: "I have attached a BIA decision that we received last month.  Our client recently gave us written permission to publish it in its entirety.  This is a non-LPR cancellation case.  We challenged the IJ's decision on several...

"Pursuant to Matter of Ortega-Cabrera, 23 I&N Dec. 793 (BIA 2005), because an application for cancellation of removal under section 240A(b )(1) of the Act, 8 U.S.C. § 1229(b)(1), is a continuing one for purposes of evaluating an alien's moral...

Jose Quintero of Catholic Charities, Miami, won this recent victory at the BIA.  Bravo!  "[W]e conclude that the respondent warrants cancellation of removal as a matter of discretion. In finding that the respondent did not merit a favorable exercise...