Galeano-Romero v. Barr, No. 19-9585 (10th Cir. 2020)Annotate this Case
Reniery Adalberto Galeano-Romero sought review of a Board of Immigration Appeals decision that denied both his application for cancellation of removal under 8 U.S.C.1229b(b)(1) and his motion to remand and reopen his case to raise a Convention Against Torture (CAT) claim. The Board acknowledged his removal would result in hardship to his citizen spouse but concluded that the hardship would not be “exceptional and extremely unusual,” leaving him ineligible for cancellation of removal. Furthermore, the Board denied his motion to remand to present his CAT claim to an Immigration Judge (IJ) after finding Galeano-Romero had referenced no previously unavailable and material evidence, a prerequisite to any such motion to reopen. Upon review, the Tenth Circuit Court of Appeals determined it lacked jurisdiction to consider Galeano-Romero's challenge to the Board's discretionary hardship decision, so that portion of his petition was dismissed. With regard to Galeano-Romero's request for remand, the Court found the Board did not abuse its discretion in concluding how he could proffer material evidence that was not previously available or could have been discovered at the original hearing.