Hernandez v. Holder, No. 10-4100 (2d Cir. 2013)
Annotate this CasePetitioner, a native of the Dominican Republic, petitioned for review of the BIA's dismissal of his appeal from an IJ's decision denying cancellation of removal and the BIA's decision not to reopen his case. The IJ concluded that petitioner had not met his burden of proving the ten years of continuous presence required for cancellation of removal under 8 U.S.C. 1229b(b)(1)(A). The court concluded that the IJ's conclusion was not supported by substantial evidence and the BIA's decision not to reopen proceedings was expressly premised on the same erroneous conclusion. Therefore, the court remanded Case No. 11-1833 for further proceedings. Because the court could not review the BIA's exercise of discretion denying cancellation of removal, the court dismissed Case No. 10-4100.
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