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Immigration-Order of Removal-Cancellation of Removal-Overstay of Voluntary Departure Period
Staff Report//May 20, 2026//
Immigration-Order of Removal-Cancellation of Removal-Overstay of Voluntary Departure Period
Staff Report//May 20, 2026//
Petitioner sought review of the final order of removal. Petitioner, who overstayed his voluntary departure period, had moved to reopen his removal proceedings, alleging that he was eligible for cancellation of removal due to extreme hardship to his U.S. citizen family members. The BIA concluded that petitioner was ineligible for cancellation because he had overstayed the voluntary departure period. Petitioner again moved to reopen. Although the BIA concluded that petitioner’s failure to depart no longer barred him from cancellation, he failed to present sufficient evidence of hardship to his relatives.
Where petitioner failed to present evidence of hardship beyond that normally expected with removal, there was no error in denying petitioner’s motion to reopen his removal proceedings.
Judgment is affirmed.
Garcia-Tercero v. Blanche (MLW No. 84777/Case No. 25-1450 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Petition for review of an order of the Board of Immigration Appeals.
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