The United States Court of Appeals for the Ninth Circuit denied a petition for review of a Board of Immigration Appeals order. The court found substantial evidence supported the agency's determination that the petitioner failed to show exceptional and extremely unusual hardship to qualifying relatives.
Background
Lorena Martinez-Quihuis, a native and citizen of Mexico, petitioned for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her 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 the petitioner did not show hardship substantially beyond the ordinary hardship expected when a close family member leaves the country. The court also rejected the due process claim, noting the petitioner failed to demonstrate both a violation of rights and prejudice.
What it means going forward
The denial of the petition for review leaves the Board of Immigration Appeals’ order dismissing the cancellation of removal application in place.
