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BIA on Proof of Hardship: Matter of Calderon-Hernandez, ID 3763

August 03, 2012 (1 min read)

Matter of Calderon-Hernandez, ID 3763, 25 I&N Dec. 885 (BIA 2012) - An applicant for cancellation of removal seeking to establish exceptional and extremely unusual hardship to his or her child is not required to provide an affidavit and other documentary evidence regarding the child’s care and support upon the alien’s removal if the child will remain in the United States with another parent, even if the other parent is in this country unlawfully. Matter of Ige, 20 I&N Dec. 880 (BIA 1994), clarified.