10th Circuit Says Judges Must Count Child’s Age At Decision, Limiting Hardship Relief From Deportation

The 10th Circuit held that for cancellation-of-removal hardship claims, immigration judges must assess a qualifying child’s age at the time of the decision, not the hearing. In Rangel-Fuentes v. Bondi, delays tied to the 4,000-per-year cancellation cap meant the applicant’s son aged out, foreclosing relief. The court reaffirmed this interpretation even after Chevron deference was eliminated, and it ordered the BIA to revisit the applicant’s asylum claim over a dissent by Judge Hartz.