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Immigration-Cancellation of Removal-Voluntary Departure-Petition to Vacate
Staff Report//June 4, 2026//
Petitioner sought to vacate her removal order. Petitioner entered the U.S. illegally 20 years ago. After DHS initiated removal proceedings, petitioner applied for cancellation of removal and voluntary departure. The IJ denied the application and issued a removal order.
Where the executive branch had total discretion over cancellation of removal, petitioner had no constitutionally protected due process interest in obtaining cancellation of removal, and the court upheld the BIA’s hardship determination.
Petition is denied.
Lopez-Vasquez v. Blanche (MLW No. 84847/Case No. 25-1338 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Petition for review of an order of the Board of Immigration Appeals. (Donovan Dunnion, San Diego, CA for petitioner) (Christina Randa Zeidan, USDOJ, OIL, Washington, D.C. for respondent)
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