Tacuri-Tacuri v. Garland, No. 19-1687 (1st Cir. 2021)
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The First Circuit denied in part and dismissed Petitioner's petition for judicial review challenging the decision of the Board of Immigration Appeals (BIA) reversing an immigration judge's (IJ) grant of Petitioner's application for cancellation of removal, holding that the Court lacked jurisdiction.
In reversing the IJ's decision, the BIA concluded that Petitioner had not met the required "exceptional and extremely unusual hardship" standard. On appeal, Petitioner argued that the BIA applied the wrong legal standard and ignored its own precedent when it overturned the IJ's grant of his application for cancellation of removal. The denied in part and dismissed this appeal for lack of jurisdiction, holding (1) the BIA did not commit legal error in concluding that Petitioner had not met his burden to show that his removal would result in "exceptional and extremely unusual hardship" to his family; (2) as to Petitioner's argument that the BIA's decision was legally unsound, his claim failed on the merits; and (3) this Court lacked jurisdiction over Petitioner's remaining arguments.
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