Matter of Bautista-Gomez, 23 I. & N. Dec. 893 (BIA 2006) (8 C.F.R. 1003.23(b)(3) (2005), providing an applicant for cancellation of removal under INA 240A(b) must demonstrate statutory eligibility for that relief prior to the service of a notice to appear, applies only to the continuous physical presence requirement and has no bearing on the issues of qualifying relatives, hardship, or good moral character).
jurisdiction:
BIA