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Board of Immigration Appeals rules on Step-Child

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When a Step Child is Qualifying Relative for Cancellation of Removal Hardship

The BIA found that a stepchild who meets the definition of a “child” under INA § 101(b)(1)(B), 8 U.S.C. § 1101(b)(1)(B) (2006), is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under the Act. Matter of Portillo-Gutierrez, 25 I&N Dec. 148 (BIA 2009).

By Brian D. Lerner, Immigration Attorney