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Matter of Gonzalez Recinas

Board of Immigration Appeals
23 I & N Dec 467 (2002)


Facts

Gonzalez Recinas and her two children (defendants) are citizens of Mexico who entered the United States in 1999 on a nonimmigrant visa and stayed longer than authorized. She has since left the country only briefly, and has four United States citizen children. Those four children have never left the United States and do not speak Spanish fluently. She has permanent resident parents and all of her siblings are United States citizens. She has no family in Mexico. She owns a car inspection business which makes a profit. 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.

Rule of Law

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Issue

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Holding and Reasoning (Villageliu, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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