Background
Petitioner Juan Rene Valadez Prado, a native and citizen of Mexico, sought cancellation of removal. An Immigration Judge found he did not demonstrate that his removal would cause exceptional and extremely unusual hardship to a qualifying relative. The Board of Immigration Appeals dismissed his appeal of that order.
The court’s reasoning
The court reviewed the agency’s determination for substantial evidence. It found the agency’s factual findings were unreviewable. The record did not compel the conclusion that the petitioner demonstrated exceptional and extremely unusual hardship. The agency found the petitioner’s relatives did not suffer serious medical conditions and that anxiety from family separation is not uncommon. The court also found no fundamental unfairness in the petitioner’s counsel’s handling of testimony regarding anxiety attacks.
What it means going forward
The denial of the petition leaves the removal order in place, ending the petitioner’s stay of removal.