Background
Santiago Covarrubias Arellano, 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 denying his application for cancellation of removal.
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 agency’s determination that the petitioner had not shown hardship substantially beyond the ordinary hardship expected when a close family member leaves the country. The court also held that the petitioner failed to demonstrate error regarding a due process claim and that claims regarding an incorrect legal standard were not properly before the court because they were not raised before the Board of Immigration Appeals.
What it means going forward
The denial of the petition for review affirms the Board of Immigration Appeals’ order denying cancellation of removal.