Matter of Arevalo-Vargas
29 I&N Dec. 519 (BIA 2026)
2026
Holding
(1) Respondent's children are no longer qualifying relatives for cancellation because they have aged out (turned 21). (2) Respondent has not demonstrated that the economic detriment, diminished educational opportunities, and emotional hardship his children may experience on removal would constitute exceptional and extremely unusual hardship.
Practitioner Note
Confirms that qualifying relative status is assessed at the time of the IJ's decision. Children who age out before a final order eliminate that basis for hardship entirely.
This summary describes what the tribunal held. Always verify the citation and read the full decision before relying on it. Case law changes — confirm this decision has not been overruled, limited, or superseded. Not legal advice.