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Matter of Morales (issued 1/27/10)

January 29, 2010

**Stepfather as qualifying relative for COR**

Astepfather who qualifies as a “parent” under section 101(b)(2) of the Act at the time of the proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal.  Also, under the facts as determined by the IJ here, the respondent would have been no more than15 years old when his stepfather became his parent. Consequently, the required steprelationship was validly created pursuant to law because it was established prior to the time the respondent reached the age of 18 years.

http://www.justice.gov/eoir/vll/intdec/vol25/3671.pdf

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