Background
Israel Sanchez Gonzalez, a native and citizen of Mexico, petitioned for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s decision. The immigration judge had denied his applications for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture.
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 determination that Sanchez Gonzalez had not shown hardship substantially beyond the ordinary hardship expected when a close family member leaves the country. The court also rejected the contention that the Board of Immigration Appeals failed to consider country conditions evidence because the materials referenced were not part of the administrative record. Additionally, the court dismissed arguments regarding his daughter’s hardship and a motion to terminate because Sanchez Gonzalez did not raise them before the Board of Immigration Appeals, failing to exhaust administrative remedies.
What it means going forward
The denial of the petition for review upholds the Board of Immigration Appeals’ decision to deny cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture.
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