Practice Pointer: Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)

Last Updated

March 26, 2020

In Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019), the attorney general held that two or more convictions for driving under the influence during the qualifying time period presumptively bar an applicant for non-lawful permanent resident cancellation of removal from proving good moral character under section § 101(f) of the Immigration and Nationality Act. This practice pointer provides a background on Castillo-Perez, explains the good moral character requirement of non-LPR cancellation, clarifies the practical implications of the decision, suggests arguments limiting the decision’s scope and highlights some pitfalls in the attorney general’s reasoning that could be raised on appeal.