Hugo Lopez-Alvarado Maria Trinidad Lizardo De Lopez Hugo Giovani Lopez-Lizardo v. John Ashcroft, Attorney General

ORDER AND AMENDED OPINION

ORDER

The government’s motion for modification of the decision is granted. The Opinion filed on June 15, 2004 is amended as follows:

1. On slip op. 8015

Change “extreme hardship” to “exceptional and extremely unusual hardship”

2. On slip op. 8015, fn. 1

Delete:

Replace with:

3. On slip op. 8015

Change “unusual hardship” to “exceptional and extremely unusual hardship”

4. On slip op. 8023

Change “extreme hardship” to “exceptional and extremely unusual hardship”

OPINION

We reaffirm here the principle that “the time element of an alien’s residency ... may be shown by credible direct testimony or written declarations.” Vera-Villegas v. INS, 330 F.3d 1222, 1225 (9th Cir.2003). To qualify for the discretionary relief of cancellation of removal, an alien must, as a threshold matter, have been physically present in the United States for a continuous period of no less than ten years immediately preceding the date of the application. 8 U.S.C. § 1229b(b)(1). In denying the Lopezes’ application for cancellation of removal, the Immigration Judge (“IJ”) improperly required documentary evidence, despite substantial evidence supporting continuous presence and…