Immigration: Cancellation of Removal-Motion to Reopen and Reconsider-Hardship on Citizen Children

Petitioner appealed from the denial of his application for cancellation of removal, based on his argument that his youngest children, both U.S. citizens, would suffer hardship from his deportation. The Board of Immigration Appeals denied cancellation of removal due to petitioner’s three charges of domestic assault and other allegations of domestic abuse.

Where cancellation of removal was a discretionary action of the attorney general, the court lacked jurisdiction to review the BIA’s decision as petitioner had no due process rights to a discretionary action.

Petitions are denied.

Rodriguez v. Barr (MLW No. 74698/Case No. 18-1531 & 18-3164 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.) Petition for Review of an Order of the Board of Immigration Appeals. (Jason A. Nielson, of Minneapolis, MN for petitioner; Herbert A. Igbanugo, of Minneapolis, MN on brief) (Ann M Welhaf, USDOJ, OIL, of Washington, DC for respondent; Lindsay Marshall USDOJ, OIL, of Washington, DC on brief)