Matter of Gonzalez Recinas

Board of Immigration Appeals

23 I & N Dec 467 (B.I.A. 2002)

If an alien shows that removal would create “exceptional and extremely unusual” hardship for the alien or the alien’s family, removal should be canceled.

Relevant Facts

Gonzalez Recinas (the defendant) is a citizen of Mexico who entered the United States on a nonimmigrant visa and stayed longer than authorized. The defendant has since left the country only briefly. Additionally, she has four United States citizen children. Those four children have never left the United States and do not speak Spanish fluently. The defendant has permanent resident parents, all of her siblings are United States citizens, and she has no family in Mexico. She owns a profitable car inspection business. In 2000, her application for cancellation of removal based on “exceptional and extremely unusual” hardship was denied by an immigration judge. She then appealed to the Board of Immigration Appeals.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 12, 2020

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Procedural History

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Citations

23 I & N Dec 467 (B.I.A. 2002)