Background
Francisco Castillo-Ortiz petitioned for review of the Board of Immigration Appeals decision affirming an Immigration Judge’s denial of his request for cancellation of removal under Section twelve hundred twenty-nine B subsection B one. The petitioner also challenged the denial of a motion to suppress and a motion to accept a late-filed brief.
The court’s reasoning
The court held that the petitioner failed to establish that removal would result in exceptional and extremely unusual hardship to his United States citizen children. The record showed the children would have family support in Mexico and there was no evidence their medical conditions would go untreated. The court also found the BIA did not abuse its discretion in rejecting a brief filed forty-six days late. Finally, the court determined the petitioner failed to exhaust his challenge to the motion to suppress because his notice of appeal only challenged the denial of relief from removal.
What it means going forward
The denial of the petition leaves in place the Immigration Judge’s order denying cancellation of removal and the BIA’s refusal to accept the late brief.
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