Background
Petitioner Ana Cecilia Moreno-Arias, a native and citizen of Mexico, sought review of a Board of Immigration Appeals order dismissing her appeal of an immigration judge’s denial of cancellation of removal. The petitioner argued that her removal would cause exceptional and extremely unusual hardship to her mother, daughter, and son, all of whom are United States citizens.
The court’s reasoning
The panel unanimously concluded that substantial evidence supported the Board of Immigration Appeals determination. While the court acknowledged that removal would cause emotional and financial hardship to the petitioner’s family, the record did not compel the conclusion that such hardship would be substantially different from or beyond that normally expected from the deportation of a close family member. Additionally, the court found no error in the Board’s consideration of the petitioner’s possible path to future lawful immigration as a factor weighing against a finding of hardship.
What it means going forward
The denial of the petition leaves the Board of Immigration Appeals decision in place, meaning the petitioner remains subject to removal without the benefit of cancellation of removal.