Serrato Hernandez v. Garland, No. 20-60706 (5th Cir. 2023)

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Case: 20-60706 Document: 00516628730 Page: 1 Date Filed: 01/31/2023 United States Court of Appeals for the Fifth Circuit ____________ No. 20-60706 Summary Calendar ____________ United States Court of Appeals Fifth Circuit FILED January 31, 2023 Lyle W. Cayce Clerk Andres Serrato Hernandez, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. ______________________________ Petition for Review of an Order of the Board of Immigration Appeals Agency No. A074 298 369 ______________________________ Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * Andres Serrato Hernandez, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals dismissing his appeal of the immigration judge’s order denying cancellation of removal. The government moves to dismiss the petition for review for want of jurisdiction. _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 20-60706 Document: 00516628730 Page: 2 Date Filed: 01/31/2023 No. 20-60706 “This Court must examine the basis of its jurisdiction, on its own motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). To the extent that he directly urges the hardship factors to us, we lack jurisdiction. See Castillo-Gutierrez v. Garland, 43 F.4th 477, 481 (5th Cir. 2022). The motion to dismiss is GRANTED, and the petition for review is DISMISSED. 2

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