context: "A motion to remand that does not simply articulate the remedy sought on appeal will be held to the substantive standards applicable either to a motion to reconsider or to reopen." Id. Cancellation of removal requires, inter alia, a showing that the alien's "removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States." 8 U.S.C. SS 1229b(b)(l)(D). However, petitioners failed to provide any detailed evidence regarding their U.S. citizen son's medical condition or treatment. The BIA therefore did not err in concluding that they failed to demonstrate a likelihood that their application for cancellation of removal would succeed on the merits.
citation_a.signal: see also
citation_a.identifier: 22 I. & N. Dec. 349, 357
citation_a.parenthetical: "[W]here an alien is seeking previously unavailable relief and has not had an opportunity to present her application before the [IJ], the Board will look to whether the alien has proffered sufficient evidence to indicate that there is a reasonable likelihood of success on the merits."
citation_a.sentence: See INS v. Abudu, 485 U.S. 94, 104, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (recognizing that failure to offer evidence establishing a prima facie case for the underlying substantive relief sought is a proper ground for denying a motion to reopen); see also In re MS-, 22 I. & N. Dec. 349, 357 (BIA 1998) (“[W]here an alien is seeking previously unavailable relief and has not had an opportunity to present her application before the [IJ], the Board will look to whether the alien has proffered sufficient evidence to indicate that there is a reasonable likelihood of success on the merits.”).
citation_b.signal: see
citation_b.parenthetical: recognizing that failure to offer evidence establishing a prima facie case for the underlying substantive relief sought is a proper ground for denying a motion to reopen
citation_b.sentence: See INS v. Abudu, 485 U.S. 94, 104, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (recognizing that failure to offer evidence establishing a prima facie case for the underlying substantive relief sought is a proper ground for denying a motion to reopen); see also In re MS-, 22 I. & N. Dec. 349, 357 (BIA 1998) (“[W]here an alien is seeking previously unavailable relief and has not had an opportunity to present her application before the [IJ], the Board will look to whether the alien has proffered sufficient evidence to indicate that there is a reasonable likelihood of success on the merits.”).