Background
Antonio Lira Miranda, a native and citizen of Mexico, petitioned for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal.
The court’s reasoning
The court reviewed the case for substantial evidence to determine if the agency erred in applying the exceptional and extremely unusual hardship standard. The panel concluded that substantial evidence supported the agency’s determination that Lira Miranda had not shown hardship substantially beyond the ordinary hardship expected when a close family member leaves the country. The court also rejected the petitioner’s due process claim, noting he failed to demonstrate both a violation of rights and prejudice. Additionally, the contention that the immigration judge lacked jurisdiction was foreclosed by prior en banc precedent regarding notice to appear requirements.
What it means going forward
The denial of the petition for review upholds the immigration judge’s decision to deny cancellation of removal, leaving the petitioner’s removal order in effect.
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