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· 7/1/2006

BAUTISTA GOMEZ

Citations

  • 23 I. & N. Dec. 893

Syllabus

BAUTISTA GOMEZ, 23 I&N Dec. 893 (BIA 2006) ID 3528 (PDF) The provision in 8 C.F.R. § 1003.23(b)(3) (2005) that an applicant for cancellation of removal under section 240A(b) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b) (2000), must demonstrate statutory eligibility for that relief prior to the service of a notice to appear applies only to the continuous physical presence requirement and has no bearing on the issues of qualifying relatives, hardship, or good moral character.

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