Maldonado

MEMORANDUM *

Leonardo Maldonado and his wife, Maria Molia, (collectively, the “Maldonados”) came to the United States in 1988 when their then 17-year old son, Mario, a lawful permanent resident, was seriously injured in a car accident. The accident left Mario in a permanent comatose state, and his parents overstayed their authorization in order to give him the continuous home care he requires. The Maldonados are Mario’s legal guardians, and California has issued them Letters of Conservatorship in recognition of Mario’s complete dependence upon them.

In 2000, the INS issued the Maldonados a Notice to Appear. The Maldonados conceded removability, but applied for cancellation of removal under 8 U.S.C. § 1229b(b)(l). They argued that their removal would cause exceptional and extremely unusual hardship to their son, who would become a ward of the state if his parents were taken from him. The Immigration Judge (“IJ”) rejected this argument, concluding that the Maldonados are statutorily ineligible for cancellation of removal because Mario is over the age of 21, and is therefore not a “child” as defined by 8 U.S.C. § 1101 (b)(1). The Maldonados appeal from the BIA’s summary affir-mance…