The Eighth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing an appeal from an immigration judge's decision. The court found the petitioner failed to meaningfully challenge the agency's determination that he lacked good moral character.
Mexican citizen Jose Antonio Molina-Malaga sought cancellation of removal. An immigration judge denied the request, and the Board of Immigration Appeals dismissed his appeal. Molina-Malaga then petitioned the Eighth Circuit for review.
The court’s reasoning
The court applied the substantial evidence standard of review. It agreed with the government that Molina-Malaga did not meaningfully challenge the agency’s determination that he lacked good moral character under Section twelve hundred twenty-nine B subsection B one. Because the failure to challenge this finding was dispositive, the court declined to reach other issues raised on appeal.
What it means going forward
The denial reinforces that petitioners must meaningfully argue all statutory prerequisites for cancellation of removal, particularly good moral character, or risk waiver of those claims.
