Almaraz-Gomez v. Garland

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 1, 2023
• Docket: 23-60244
• Status: Unpublished

Opinion

Case: 23-60244 Document: 00516952811 Page: 1 Date Filed: 11/01/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

FILED No. 23-60244 November 1, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk Saul Almaraz-Gomez,

Petitioner,

versus

Merrick Garland, U.S. Attorney General,

Respondent. ______________________________

Petition for Review of an Order of the Board of Immigration Appeals Agency No. A205 518 253 ______________________________

Before Wiener, Stewart, and Douglas, Circuit Judges. Per Curiam: * Saul Almaraz-Gomez, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (BIA) upholding the immigration judge’s denial of his application for cancellation of removal. The BIA affirmed the immigration judge’s finding that Almaraz-Gomez

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-60244 Document: 00516952811 Page: 2 Date Filed: 11/01/2023

No. 23-60244

failed to meet his burden of showing that his removal would result in exceptional and extremely unusual hardship to a qualifying relative. In the only argument he presents here, Almaraz-Gomez contends that the evidence showed that his removal would cause one of his daughters to suffer exceptional and extremely unusual hardship due to educational challenges and psychological strain. The hardship determination for cancellation of removal “is a discretionary and authoritative decision” that is beyond our review pursuant to 8 U.S.C. § 1252(a)(2)(B)(i). Castillo- Gutierrez v. Garland, 43 F.4th 477, 481 (5th Cir. 2022). Thus, we lack jurisdiction to consider Almaraz-Gomez’s factual challenge to the hardship determination. See id. Accordingly, the petition for review is DISMISSED for lack of jurisdiction.