Avendano-Elvira v. Garland, No. 20-2775 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's decision denying petitioner's request for cancellation of removal. The court concluded that the substitution of an immigration judge did not violate petitioner's due process rights. In this case, the second immigration judge not only stated that she had familiarized herself with the record but also elaborated on pertinent facts in that record. The court also concluded that it lacked jurisdiction to review petitioner's challenge to the BIA's discretionary decision to deny his request for cancellation of removal.
Court Description: [Shepherd, Author, with Gruender and Benton, Circuit Judges] Petition for Review - Immigration. Substitution of a second Immigration Judge for the Immigration Judge who heard the matter did not violate petitioner's due process rights; there is no evidence that the second IJ was not fair and impartial or that she had not familiarized herself with the record before rendering a decision; the court does not have jurisdiction to review the BIA's discretionary decision to deny a request for cancellation of removal.
The court issued a subsequent related opinion or order on July 30, 2021.
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