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Petitioner, a citizen of Mexico, unlawfully entered the United States and was placed in removal proceedings, where he conceded removability and had a request for voluntary departure granted. Petitioner subsequently moved to reopen the proceedings and cancel his removal, however, alleging that his removal would result in hardship for his children if they remained in the U.S. as petitioner was the sole provider for his family, or if they accompanied him to Mexico as they had limited Spanish language skills and would be at risk for gang violence. An immigration judge denied petitioner’s motion.
Where petitioner’s appeal was merely a challenge to the Board of Immigration Appeals’ weighing of evidence of and exercise of discretion, the court lacked jurisdiction to consider the appeal.
Petition is dismissed.
Apolinar v. Barr (MLW No. 74359/Case No. 18-2722 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Petition for Review of an Order of the Board of Immigration Appeals (Jonathan Willmoth of Kansas City for petitioner) (Micah Engler of Washington, DC for respondent)
