Dominguez Hernandez v. Garland, No. 20-3575 (8th Cir. 2022)
Annotate this CaseThe Eighth Circuit denied petitions for review of the BIA's decision denying petitioner's application for cancellation of removal. The court concluded that, while the BIA's decision is no model of clarity and is disappointingly conclusory, it recited the appropriate standards of review. The court had no reason to conclude that the BIA did not follow these standards and reviewed the IJ's findings of fact for clear error and ultimate legal determination of good moral character de novo. Finally, petitioner's contention that the BIA failed to provide a reasoned basis for denying his motion to remand is belied by the record.
Court Description: [Erickson, Author, with Benton and Kelly, Circuit Judges] Petition for Review - Immigration. The agency determination that petitioner's application for cancellation of removal should be denied because he failed to meet the good moral character requirement for cancellation is affirmed; the decision cited the appropriate standard of review; the decision, while cursory, survives deferential review, although barely; the agency decision to deny remand is affirmed. Judge Kelly, dissenting.
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