A permanent resident of the United States successfully obtained a cancellation of his deportation from an immigration judge, thanks in part to his years of residence in the country and his family connections.
However, the Government appealed, and the Board of Immigration Appeals (BIA) ultimately revoked the decision and ordered his deportation to Mexico.
The case of Erick Fernando Mata Rodriguez has set a new immigration precedent that may have implications for other permanent residents, including Cubans, facing deportation proceedings due to criminal records.
The ruling, known as Matter of Mata Rodriguez, 30 I&N Dec. 191 (BIA 2026), was issued on September 15, 2026, and officially designated as precedent by the Attorney General of the United States through Order No. 7269-2026, dated October 27.
One of the decisive aspects was the lack of objective rehabilitation evidence, which the BIA considered particularly important given the extensive criminal history of the applicant.
From a favorable decision to a deportation order
On August 11, 2025, an immigration judge granted Mata Rodriguez, a Mexican citizen and legal permanent resident, cancellation of removal.
To make that decision, he considered favorable circumstances such as his long-standing residence in the United States, his family ties, and the fact that he arrived in the country as a child.
The BIA also acknowledged that she worked with young people at a boxing gym and regularly attended church.
However, the Department of Homeland Security (DHS) appealed the decision, believing that the applicant had not sufficiently demonstrated that they deserved that immigration benefit.
The BIA coincided with the Government.
Upon reviewing the file, the court highlighted a extensive criminal history that included charges for burglary, possession of controlled substances, assault against his mother, and harassment of his sister.
It also examined arrests related to violations of parole conditions, including failure to secure employment, failure to attend required classes, evading arrest, and outstanding judicial fines.
The resolution clarifies that some arrests did not result in convictions.
Nevertheless, the BIA believed that the underlying facts and circumstances could be taken into account when discretionary evaluating the application.
The factor that ultimately weighed against the resident
Beyond the criminal record, the BIA questioned the lack of evidence to support a genuine rehabilitation.
Although he acknowledged Mata Rodriguez's expressed desire to improve his behavior, he concluded that the file did not contain sufficient objective evidence to support that claim.
The court also noted that he had not provided documentation demonstrating federal tax returns, stable employment, or letters from family members, friends, and others that would support his good moral character.
There was also no evidence of registration with the Selective Service or properties in his name.
In weighing the favorable and unfavorable circumstances, the BIA determined that the positive factors did not outweigh the severity and extent of his criminal record.
Thus, it overturned the immigration judge's decision, denied the cancellation of removal, and ordered his deportation to Mexico.
What changes for permanent residents?
The precedent reinforces the importance of presenting compelling evidence of rehabilitation when a permanent resident with a criminal record requests cancellation of removal.
This does not mean that all applicants must present a specific rehabilitation certificate, nor does the absence of certain documents automatically lead to deportation.
The decision confirms that immigration authorities must evaluate the full set of circumstances of each case, and that serious criminal records may weigh more heavily than family ties, prolonged residence, and other favorable considerations.
According to individual circumstances, documents regarding completed treatments, compliance with judicial conditions, work history, and testimonies from individuals who are familiar with the applicant's progress can help demonstrate rehabilitation.
However, their presentation does not guarantee a favorable resolution.
How can it affect Cubans with permanent residency?
Although the case pertains to a Mexican citizen, the precedent is also relevant for Cubans who hold legal permanent residency in the United States and are facing deportation proceedings.
Permanent residency does not provide absolute protection against expulsion from the country.
Certain convictions and other circumstances outlined in immigration legislation can lead to removal proceedings even after decades of residency.
The cancellation of removal for certain permanent residents is governed by the Section 240A(a) of the Immigration and Nationality Act.
Among the requirements are having been a permanent resident for at least five years, accumulating seven years of continuous residence after a legal admission—subject to rules that may interrupt that period—and not having been convicted of a crime classified as aggravated felony under federal immigration law.
However, meeting these conditions does not guarantee that the benefit will be granted: the applicant must also demonstrate that they deserve a favorable decision in the discretion of the immigration authorities.
The issue affects Cubans who have lived in the United States for decades. Among recent cases is that of a Cuban deported to Mexico after living 55 years in U.S. territory.
The Mata Rodriguez case demonstrates that even a favorable decision from an immigration judge can be overturned on appeal, and that rehabilitation evidence can be decisive when there are significant criminal records.
For those facing deportation proceedings, the preparation of evidence and the evaluation of their background with an immigration attorney can be crucial when seeking cancellation of removal.
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