Montanez-Gonzalez v. Holder, No. 13-4276 (6th Cir. 2015)
Annotate this CaseGonzalez entered the U.S. without inspection in 1997. He returned to Mexico in 2001, to marry, and brought his wife to the U.S. Their daughters, ages five, nine, and 13, were born in this country and have citizenship. The children are close with extended family, living nearby, and have never been to Mexico. The eldest excels in school and wants to be a doctor. Gonzalez’s parents and some members of his wife’s extended family remain in Mexico. Gonzalez was placed in removal proceedings in 2009 and applied for cancellation under 8 U.S.C. 1229b(b). He presented evidence about rampant gang violence and limited educational opportunities in his hometown, and concerns about providing for his children should he be removed. He submitted a late exhibit which purported to show that his middle daughter was diagnosed with lead poisoning causing injury to her legs. The IJ denied Gonzalez’s application, finding that he had failed to establish sufficient continuous residency to be eligible for relief and had not established that his removal would create the requisite hardship for his citizen children. The BIA affirmed. He was removed to Mexico in October 2014. The Sixth Circuit denied a petition for review. The BIA followed its own precedent and Gonzalez cannot show constitutional injury.
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