Matter of Isidro-Zamorano

Norka M. Schell, Esq.

Cancellation of removal is a form of discretionary relief from removal.  To be eligible for cancellation of removal, an applicant must establish, among other things, “that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.”  For immigration purpose, a “child” is “an unmarried person under twenty-one years of age.”

The Board of Immigration Appeals (BIA or Board) in Matter of Isidro-Zamorano, 25 I. & N. Dec. 829 (B.I.A. June 15, 2012), held that an applicant for cancellation of removal whose son or daughter met the definition of a “child” when the application was filed but turned 21 years of age before the immigration judge (IJ) adjudicated the application on the merits no longer has a qualifying relative under INA § 240A(b)(1)(D).

Isidro-Zamorano is a native and citizen of Mexico who entered the U.S. without inspection on May 1, 1994. His son, who is a U.S. citizen, was born on January 29, 1985. Isidro-Zamorano was caught by Immigration and placed in proceedings. He was found in violation of immigration law. He filed his application for cancellation of removal in 2005 when his son was under the age of 21. His son turned 21 in January 2006 before the cancellation application was adjudicated. The Immigration Judge found that Isidro-Zamorano's son could no longer be a qualifying relative for purposes of establishing the respondent's eligibility for cancellation of removal and denied the application.