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Immigration – removal – cancellation — discretion

United States Court of Appeals For the Seventh Circuit


Immigration – removal – cancellation — discretion

Where the BIA considered the relevant information when an alien sought cancellation of removal, the court lacks jurisdiction to reverse.      “The petitioner hasn’t convinced us, however, that any argument or evidence was overlooked. The immigration judge was aware of the argument that violence in Mexico would increase the hardship to the petitioner’s family in America, especially his parents. She could have been clearer. But she did recite the testimony of the petitioner’s father that he believed the petitioner’s ‘removal would present hardships to other family members’ and that ‘the hardships would mean the family members not being able to see the [petitioner] for a number of years.’ More pointedly the petitioner’s sister testified that ‘neither of the [petitioner’s] parents would visit the [petitioner] in Mexico because of the violent situation in that country.’ The Board in its reference to hardship cited the pages of the immigration judge’s opinion that evinced her awareness of the argument.”

Petition Denied.

11-2444 Munoz-Pacheco v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Posner, J.

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