The United States Court of Appeals for the Ninth Circuit denied a petition for review of a Board of Immigration Appeals order. The court found substantial evidence supported the agency's determination that the petitioner failed to demonstrate exceptional and extremely unusual hardship to qualifying relatives.
Background
Jesus Guillermo Salinas-Munoz, a native and citizen of Mexico, petitioned for review of an order from the Board of Immigration Appeals. The BIA had affirmed an immigration judge’s decision denying Salinas-Munoz’s application for cancellation of removal.
The court’s reasoning
The court reviewed the agency’s application of the exceptional and extremely unusual hardship standard for substantial evidence. It found that substantial evidence supported the agency’s determination that Salinas-Munoz had not shown the required level of hardship to qualifying relatives. The court also rejected due process claims, noting that the petitioner failed to demonstrate both a violation of rights and prejudice.
What it means going forward
The denial of the petition for review leaves the Board of Immigration Appeals’ order in place, resulting in the denial of cancellation of removal for the petitioner.
