Matthews

MEMORANDUM **

Petitioner Tracy Matthews is a native and citizen of the United Kingdom. She entered the United States as a nonimmigrant J-l exchange visitor on May 20, 1992. Although she was authorized to visit through November 29, 1992, Matthews remained in the country until June 5, 2002, when she was served with notice to appear before the Immigration and Naturalization Service.

At a December 5, 2002 hearing before an immigration judge (“IJ”), Matthews conceded removability but argued that she was eligible for cancellation of removal under Section 240A(b) of the Immigration and Nationality Act (“INA”). See 8 U.S.C. § 1229b(b)(l). Specifically, Matthews explained that she was involved in a “same-sex meretricious relationship” with a U.S. citizen and contended that “removal would result in exceptional and extremely unusual hardship” to her same-sex partner. Citing “the current state of the law,” the IJ held that Matthews was not entitled to consideration for cancellation of removal because her same-sex partner did not meet the INA’s definition of “spouse.” The BIA affirmed in a summary disposition.

On appeal, Matthews asks this court to invalidate the INA’s definition of…