Roderico Filadelfo Perez-Perez v. Pamela Bondi -Board of Immigration Appeals
Split Score
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Case Summary
Disposition
Reversed
The Sixth Circuit granted Roderico Filadelfo Perez-Perez’s petition for review and reversed the BIA’s decision, holding that the relevant moment for determining whether a non-citizen’s relative is a qualifying “child” under 8 U.S.C. § 1229b(b)(1)(D) is the date the Immigration Judge (IJ) issues the cancellation-of-removal decision, not the date the BIA rules on appeal. Because Perez-Perez’s daughter was under 21 when the IJ ruled, the court found he remained eligible for cancellation and the BIA erred in revoking relief.
Circuit Split Identified
Legal Issue
At what point in the cancellation-of-removal process must a qualifying relative be a “child” (under 21) for purposes of 8 U.S.C. § 1229b(b)(1)(D)?
Circuit Positions
Age of qualifying child is measured as of the Immigration Judge’s decision on the cancellation application.
Age of qualifying child must be under 21 until the BIA’s final administrative decision (or removal); a child who ages-out during the appeal defeats eligibility.
Conflict Summary
Some circuits hold that a child’s age is fixed at the time the Immigration Judge rules on the cancellation application, while others require the child to remain under 21 until the BIA issues a final administrative decision (or until actual removal).