201724P.pdf   01/23/2024  Sergio Mencia-Medina  v.  Merrick B. Garland
   U.S. Court of Appeals Case No:  20-1724
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Colloton, Author, with Benton and Kelly, Circuit Judges] 
   Petition for Review - Immigration. For the court's prior opinion 
   dismissing petitioner's petition for review on the ground he had not 
   exhausted his argument before the Board, see Mencia-Medina v. Garland, 6 
   F.4th 846 (8th Cir. 2021), vacated and remanded by the Supreme Court for 
   further consideration in light of Santos-Zacaria v. Garland, 598 U.S. 411 
   (2023). In his immigration proceedings, petitioner admitted he was 
   removable, but sought discretionary "special rule" cancellation as a child 
   who had been battered by a permanent resident parent - see 8 U.S.C. sec. 
   1229b(b)(2). The IJ granted cancellation of removal, but the Board 
   reversed, finding petitioner did not merit a favorable exercise of 
   discretion, considering his criminal record. The Board permissibly weighed 
   the evidence differently than the IJ without impermissibly finding facts 
   or disregarding the factual findings of the IJ; the court lacks 
   jurisdiction to review an ultimate decision denying cancellation as a 
   matter of agency discretion; petitioner's claim that the Board's decision 
   is internally inconsistent and unreasoned is insufficient to establish 
   appellate jurisdiction.