Matter of Pelagio Mendoza
29 I&N Dec. 542 (BIA 2026)
2026
Holding
A respondent's or qualifying relative's lay testimony about a medical or mental health condition will generally be insufficient to establish exceptional and extremely unusual hardship where expert testimony, reports, or medical evidence exist and could reasonably have been produced.
Practitioner Note
Medical hardship claims must be backed by documentation. Lay testimony about diagnosed conditions is not a substitute for medical records or expert reports when such evidence is obtainable.
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 Case law changes — confirm this decision has not been overruled, limited, or superseded.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.