Jaquez Garay v. Garland

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 8, 2023
• Docket: 23-60205
• Status: Unpublished

Opinion

Case: 23-60205 Document: 00516850709 Page: 1 Date Filed: 08/08/2023

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

FILED No. 23-60205 August 8, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk Norma Edith Jaquez Garay,

Petitioner,

versus

Merrick Garland, U.S. Attorney General,

Respondent. ______________________________

Petition for Review of an Order of the Board of Immigration Appeals Agency No. A220 390 629 ______________________________

Before Higginbotham, Stewart, and Southwick, Circuit Judges. Per Curiam: * Norma Edith Jaquez Garay, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals dismissing her appeal from an order of an Immigration Judge denying her application for, inter alia, cancellation of removal and ordering her removed. She argues that her due process rights were infringed in connection with her cancellation _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-60205 Document: 00516850709 Page: 2 Date Filed: 08/08/2023

No. 23-60205

proceedings. Cancellation of removal is a discretionary form of relief. See Santos-Zacaria v. Garland, 143 S. Ct. 1103, 1117–18 (2023); 8 U.S.C. § 1229b(b)(1), (b)(2). Aliens have no due process rights with respect to discretionary relief. Ramos-Portillo v. Barr, 919 F.3d 955, 963 (5th Cir. 2019). Her due process argument is thus unavailing, and her petition for review is DENIED.