In re Gomez

1 Analyses of this admin-law by attorneys

  1. Cancellation of Removal for Non-LPRs (Cancelation-B)

    Alexander J. SegalOctober 1, 2015

    The latter standard sets a much higher bar for the applicant than is required in order to demonstrate traditional extreme hardship. The BIA held in In re Gomez, 23 I&N Dec. 893 (BIA 2006), that the change hardship standards only applied to continuous physical presence requirement, and had nothing to do with the other cancellation-B eligibility requirements, including the GMC requirement. Moreover, the statute for suspension of deportation permitted the suspension application to use “hardship to the alien” as well as hardship to the applicant’s qualifying relative in order to meet the hardship requirement.