Background
Oswaldo Eusibio-Anastacio, a native and citizen of Mexico, petitioned for review of two Board of Immigration Appeals orders. The first order dismissed his appeal from an immigration judge’s decision denying his application for cancellation of removal. The second order denied his motion to reconsider or reopen based on a jurisdictional contention regarding the notice to appear.
The court’s reasoning
The court reviewed the denial of cancellation of removal for substantial evidence and found that the petitioner did not show hardship substantially beyond the ordinary hardship expected when a close family member leaves the country. Regarding the motion to reopen, the court held that the lack of hearing information in the notice to appear does not deprive the immigration court of subject matter jurisdiction under United States versus Bastide-Hernandez. The court also found the petitioner failed to timely raise the objection to the notice to appear, noting that a claim-processing objection may be forfeited if the party waits too long to raise the point.
What it means going forward
The temporary stay of removal was lifted, and the motion to stay removal was denied, leaving the underlying immigration orders in effect.