The Sixth Circuit has determined that when a child is under 21 at the time an Immigration Judge grants cancellation of removal for nonlawful permanent residents, but ages out during the pendency on appeal filed by DHS, the child’s age remains the same as it was on the date of the judge’s decision. It appears this applicant was detained at the time of the cancellation grant, and thus, was not subject to the visa backlog for most cancellation applicants. As such, it is unclear what would happen if the child was under 21 on the day of the merits hearing, and the judge put the applicant in the queue for a cancellation number, and the child aged out before the number was issued.
The full text of Perez-Perez v. Bondi can be found here:
https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0315p-06.pdf