Hernandez-Garcia v. Holder, Jr., No. 13-2467 (8th Cir. 2014)
Annotate this CasePetitioner, a citizen of Mexico, petitioned for review of the BIA's finding that petitioner did not qualify for cancellation of removal. Petitioner argued that the BIA committed an error of law when it "failed to follow its own precedent" in deciding the hardship issue, and violated his right to due process by failing to adequately examine all the hardship factors he presented. The court concluded that it lacked jurisdiction to consider the first contention where petitioner attempted to create jurisdiction by cloaking an abuse of discretion argument in constitutional legal garb, and the second contention was without merit. Accordingly, the court denied the petition for review.
Court Description: Petition for Review - Immigration. Kansas City Immigration Court. The court lacks jurisdiction to review a discretionary BIA decision that petitioner's removal would not result in exceptional and extremely unusual hardship even when the petitioner seeking review attempts to create jurisdiction over the petition by cloaking an abuse of discretion argument in constitutional or legal garb; petition for review of cancellation of removal denied.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.