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Matthew Kolken on Deportation And Removal

BIA Decision: Stepchild is a qualifying relative for Cancellation of Removal

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The Board of Immigration Appeals has ruled that a stepchild who meets the definition of a "child" under section 101(b)(1)(B) of the Immigration and Nationality Act, 8 U.S.C. 1101(b)(1)(B) (2006), is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under section 240A(b)(1)(D) of the Act, 8 U.S.C. 1229b(b)(1)(D) (2006).* See Matter of Portillo-Gutierrez, ID 3665, 25 I&N Dec. 148 (BIA 2009)


*


The*case involved*a 30-year-old native and citizen of Mexico that entered the United States on or about September 1, 1996, without being admitted or paroled. The respondent married a lawful permanent resident on May 25, 2007,*and there are two sons that are a product of the relationship.* The Respondent's wife*has two other children,*a son and a daughter.* The Respondent's step-daughter*has*medical conditions, speech difficulties, and both present and future special needs.*The Respondent*is the primary caretaker of all of the children.


*


The Immigration Judge found that the Respondent was statutorily eligible for cancellation of removal but denied the requested relief because he found that the Respondent's step-child was not a qualifying relative for the purpose of establishing the requisite hardship.


*


The Board disagreed and*remanded the record back to*the Immigration Judge so that he could*reevaluate his findings concerning the hardship that the Respondent's family might suffer if he is removed from the United States.


*


Matthew L. Kolken, Esq.

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