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  • Joseph Caraccio

The Board of Immigration Appeals Makes Extreme Hardship Burden Higher

Matter of J-J-G-, (BIA 2020) The Board of Immigration Appeals Makes Extreme Hardship Burden Higher.



Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020)

(1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish that the relative has a serious medical condition and, if he or she is accompanying the applicant to the country of removal, that adequate medical care for the claimed condition is not reasonably available in that country.

(2) The Immigration Judge properly determined that the respondent did not establish eligibility for cancellation of removal because he did not demonstrate that his qualifying relatives will experience hardship, including medical, economic, and emotional hardship, that rises to the level of exceptional and extremely unusual.



There is a lot of language in this decision that is going to make it much more difficult to get cancellation of removal after the Board's decision in March 2020.