Hernandez v. Garland, No. 19-2044 (2d Cir. 2023)
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Petitioner appealed the denial of his application for cancellation of removal by the Board of Immigration Appeals (“BIA”). After an immigration judge (“IJ”) initially granted cancellation, the BIA reversed, determining that Petitioner was statutorily eligible for cancellation but did not merit a favorable exercise of the agency’s discretion in light of his criminal history— namely, his two convictions for domestic violence. Petitioner objected to the BIA’s characterization of his criminal history, arguing that it impermissibly engaged in factfinding and reevaluated the IJ’s factual findings.
The Second Circuit dismissed the petition, holding that it lacks jurisdiction to review the discretionary decision. The court explained that the BIA did not second-guess the IJ’s factual findings or find facts of its own—it conducted a de novo reweighing of the equities based on the facts found by the IJ. The BIA thus properly exercised its discretion to deny cancellation of removal.
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