In Matter of Buri Mora, the Board of Immigration Appeals (“BIA” or “Board”) issued a decision that raises the bar for nonpermanent residents seeking cancellation of removal. 29 I&N Dec. 186 (BIA 2025). The case, decided on July 21, 2025, involved a father of three U.S. citizen children, all of whom had special needs. One had autism and an anxiety disorder, while the others faced developmental delays. An Immigration Judge originally granted cancellation to the noncitizen father, finding that he had met his evidentiary burden to show that his removal would cause “exceptional and extremely unusual hardship” to his qualifying relatives.
On appeal, the BIA reversed. It emphasized that although the family would suffer financially and emotionally, these hardships did not rise to the statutory standard of “exceptional and extremely unusual hardship.” The Board highlighted that:
- Because the children would remain in the U.S. with their mother if the applicant were removed, they would continue receiving medical care and educational services for their conditions.
- Emotional hardship, economic strain, and family separation, though significant, may not necessarily meet the “exceptional and extremely unusual” threshold without more.
This decision reinforces a restrictive approach to the hardship analysis in cancellation cases. The ruling underscores that applicants must show hardship substantially beyond what is typical in removal proceedings, particularly where medical care, education, or financial support remain available in the United States. Applicants for cancellation of removal must now present even more compelling evidence that their qualifying relatives would face extraordinary, life-altering consequences, not just the difficult but common struggles of family separation and financial loss.
It is now even more important to document situations where medical treatment, educational opportunities, or caregiving support would be genuinely unavailable or severely compromised if the applicant were deported. Moreover, applicants should carefully consider whether their qualifying relatives would return with them to their home country if ordered removed, as this decision will greatly affect the hardship analysis pursuant to Matter of Buri Mora.
If you or a loved one is facing removal, schedule a consultation with Murray Osorio PLLC. Call 800-929-7142 or contact us online now to learn about your options.