Sixth Circuit Redefines Child Age Timing in Removal Proceedings

A divided Sixth Circuit panel altered a standard for immigration judges to consider cancellation requests based on hardship, citing the US Supreme Court’s Loper Bright decision to say it had the authority to override the Board of Immigration Appeals’ interpretation.

The majority granted Roderico Filadelfo Perez-Perez’s petition for review, reversing an immigration appeals board’s decision to withdraw his cancellation of removal, Judge Julia Smith Gibbons said for the majority of the US Circuit Court of Appeals for the Sixth Circuit.

Perez-Perez is a Guatemalan national who entered the US without inspection in 1994. He sought cancellation of removal based on ...