The Seventh Circuit has determined that the agency’s definition of exceptional and extremely unusual hardship to qualifying relatives is not entitled to any deference. Further, the Court construed “exceptional and extremely unusual hardship” as requiring hardship sustained by a deported alien’s qualifying relatives that’s significantly different from or greater than the hardship that a deported alien’s family normally experiences.
The full text of Moctezuma-Reyes v. Garland can be found here:
https://www.opn.ca6.uscourts.gov/opinions.pdf/24a0274p-06.pdf