DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
203446P.pdf 12/17/2021 Homero Garcia-Ortiz v. Merrick B. Garland
U.S. Court of Appeals Case No: 20-3446
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Benton, Author, with Loken and Colloton, Circuit Judges]
Petition for Review - Immigration. The agency did not not err in
determining that petitioner's removal would not result in exceptional and
extremely unusual hardship for petitioner's child, and the denial of
cancellation of removal is affirmed; the agency's decision shows a
future-oriented analysis of the hardship of removal and applied the
correct legal standard; the court lacks jurisdiction to review
petitioner's claim that the record did not contain sufficient evidence to
support the agency's finding regarding the cause of the child's mental
health issues as the issue is a factual matter that Congress had put
outside the court's review in cancellation matters; the BIA did not adopt
one of the IJ's legal conclusions, and the correctness of the conclusion
is not subject to this court's review.