Matter of Germain

BIA

29 I&N Dec. 648 (BIA 2026)

2026

Holding

Respondent's criminal history — including charges that did not result in a conviction — and his reluctance to accept responsibility for criminal acts outweigh favorable factors relevant to the exercise of discretion for cancellation of removal.

Practitioner Note

Non-conviction criminal history and failure to accept responsibility are independently cognizable adverse factors in cancellation discretion, not limited to actual convictions.

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