WASHINGTON, D.C. – The Board of Immigration Appeals has reversed a 2025 decision by an Immigration Judge that granted cancellation of removal to Samuel Michael McDonald, a Canadian citizen and lawful permanent resident of the United States, citing the severity of his criminal conduct and recent convictions involving a 14-year-old victim.
According to Matter of McDonald, 29 I&N Dec. 249 (BIA 2025), McDonald had been convicted in New York of two counts of endangering the welfare of a child. Although those convictions were classified as misdemeanors, the Board determined that the underlying conduct—including alleged sexual grooming, drug use, and attempts to involve the victim in sexual activities—presented serious and recent adverse factors that outweighed any equities.
The decision emphasized that even in the absence of a conviction for a sexual offense, Immigration Judges must consider the conduct described in charging documents, victim statements, and other credible evidence when weighing discretionary relief. The Board found that the Immigration Judge erred in dismissing the allegations based solely on the statutory definition of the crime.
Evidence considered on appeal included the victim’s statement that McDonald provided her with sex toys and drugs, attempted to involve her in sexual activity with others, and facilitated access to controlled substances. The Board noted that even if McDonald’s claims that the victim’s statements were fabricated were considered, the undisputed fact that he traveled with the victim to acquire cocaine and helped her sell Xanax remained serious.
Although McDonald had resided in the U.S. for more than three decades and cited health and family hardships, the Board found that these factors did not outweigh the nature, recency, and seriousness of his criminal conduct. It also noted inconsistencies in McDonald’s testimony regarding his relationship with the victim, undermining his credibility.
The Department of Homeland Security’s appeal was sustained. The Immigration Judge’s prior grant of cancellation of removal was reversed and vacated. McDonald has been ordered removed to Canada.
