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Matter of Gonzalez Recinas

Board of Immigration Appeals

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

Relevant factsFree

Gonzalez Recinas (defendant), a Mexican citizen who overstayed her visa, had four U.S.-citizen children who did not speak fluent Spanish and had never left the country, along with permanent-resident parents and U.S.-citizen siblings but no family in Mexico. She solely supported her six children through a profitable car-inspection business she had trained for. An immigration judge denied her cancellation-of-removal application for lack of exceptional and extremely unusual hardship, and she appealed.

IssueFree

Whether an alien mother of minor children who would have to leave her business and parents to return to a country where she has no family or potential employment establishes exceptional and extremely unusual hardship.

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