Background
The petitioner sought cancellation of removal under the Immigration and Nationality Act. The Immigration Judge and the Board of Immigration Appeals denied the application, concluding that the petitioner failed to demonstrate that her removal would result in exceptional and extremely unusual hardship to her minor United States citizen children.
The court’s reasoning
The court reviewed the BIA’s decision for substantial evidence. It found that the record showed the petitioner’s son’s ADHD had improved and that adequate medical care was available in El Salvador. The court noted that the petitioner’s concerns about education and violence were insufficient to meet the high hardship standard. Additionally, the petitioner’s mother and sister reside in El Salvador, and the children’s father resides in the United States and could care for them.
What it means going forward
The decision reinforces the high bar for proving exceptional and extremely unusual hardship in cancellation of removal cases and affirms the deference courts give to agency findings on hardship when supported by substantial evidence.