Matter of Kim

BIA

29 I&N Dec. 339 (BIA 2025)

2025

Holding

IJ erred in finding respondent warranted a favorable exercise of discretion for cancellation where he engaged in systemic criminal fraud for decades; recent expressed remorse and rehabilitative efforts while in prison were insufficient to overcome his lengthy and serious criminal history.

Practitioner Note

Short-term rehabilitation during incarceration carries little weight against decades of serious fraud. Discretion is not rehabilitated overnight.

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