Arteaga-De Alvarez, et al v. Holder Jr., No. 08-70941 (9th Cir. 2012)Annotate this Case
Petitioner, an undocumented Mexican national, petitioned for review of the BIA's affirmance of the IJ's denial of her application for cancellation of removal. The court held that it did not have jurisdiction over petitioner's claim that her due process rights were violated by the fact that her husband was granted cancellation of removal four years earlier based on similar facts. The court vacated and remanded, however, on petitioner's claim that the BIA erred as a matter of law when it held that an applicant for cancellation of removal's ability to demonstrate hardship to his qualifying relatives was necessarily undercut by the possibility that the applicant could have alternative means to immigrate at some undefined point in the future.