Immigration: Cancellation of Removal-Qualifying Relatives-Jurisdiction

Petitioner appealed the BIA’s denial of his application for cancellation of removal. In support of his application, petitioner alleged that he had married his long-term partner and that his partner’s son was a qualifying relative because the son considered petitioner to be his father. An IJ denied the application, concluding that separation from a family member did not constitute extreme hardship beyond that normally expected from deportation.

Where the court lacked jurisdiction to review the IJ’s discretionary determination that petitioner had failed to demonstrate extreme hardship, the court dismissed the petition.

Petition is dismissed.

Garcia-Pascual (MLW No. 79586/Case No. 20-2529 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Petition for Review of an Order of the Board of Immigration Appeals. (Matthew Lorn Hoppock, of Shawnee, KS for petitioner) (Jeffery R. Leist, DOJ, OIL, of Washington, D.C. for respondent)