Background
Juan Manuel Lopez-Gonzalez, a native and citizen of Mexico, petitioned for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s denial of cancellation of removal. The denial was based on Lopez’s failure to establish that his United States citizen son, Jose, would suffer exceptional and extremely unusual hardship if Lopez were removed.
The court’s reasoning
The court held that the immigration judge’s decision was supported by substantial evidence. The record showed the judge acknowledged Jose’s serious ADHD and aggressive behavior but noted he received medication, was in good health, would continue living with his mother in the United States, and had access to medical insurance. The court found that Lopez’s testimony regarding potential self-harm was conjecture and did not compel a finding of extreme hardship. The court also declined to address the ineffective assistance of counsel claim, noting it must be exhausted by filing a motion to reopen.
What it means going forward
The petition for review is denied, and the stay of removal will be vacated upon issuance of the mandate.
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