Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021): Special RUle Cancellation (VAWA)

The Board of Immigration Appeals (BIA) published a decision in the case of Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021) today.  The decision held that an applicant for special rule cancellation of removal under section 240A(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(2) (2018), based on spousal abuse must demonstrate both that the abuser was his or her lawful spouse and possessed either United States citizenship or lawful permanent resident status at the time of the abuse.  The case was one of first impression because the statute is silent as to the temporal requirement, if any, of the abuser's status.  Special Rule Cancellation still has fewer requirements than a self-petition filed with Form I-360.