Matter Of Gonzalez Recinas

23 I & N Dec. 467 (2002)

Facts

D is a 39-year-old native and citizen of Mexico. She is the mother of four United States citizen children, aged 12, 11, 8, and 5, and the two minor Ds (also respondents), aged 15 and 16, both of whom are natives and citizens of Mexico. Her parents are lawful permanent residents and her five siblings are United States citizens. D is divorced and has no immediate family in Mexico. Ds entered the United States in 1988 on nonimmigrant visas and stayed longer than authorized. The Immigration Judge found that D failed to demonstrate that her removal would result in exceptional and extremely unusual hardship to her four United States citizen children and/or her lawful permanent resident parents. See section 240A(b) of the Act. Ds appealed.