Background
Dahomey Martinez Tosquez, a native and citizen of Mexico, petitioned for review of an order by the Board of Immigration Appeals. The Board had affirmed an immigration judge’s decision denying his application for cancellation of removal.
The court’s reasoning
The court noted that the petitioner did not challenge the agency’s determination that he failed to establish exceptional and extremely unusual hardship to a qualifying relative. Consequently, the cancellation of removal claim failed. The court also declined to address contentions regarding continuous physical presence because the agency did not deny relief on that ground. Additionally, the request for remand or administrative closure to seek prosecutorial discretion was denied, as the government’s exercise of prosecutorial discretion is not subject to judicial review.
What it means going forward
The denial of the petition leaves the Board of Immigration Appeals’ order in place, resulting in the continued denial of cancellation of removal for the petitioner.
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