Nabor Gonzalez v. Merrick Garland

Court of Appeals for the Fourth Circuit·Decided June 9, 2023·No. 22-1432·Unpublished

Opinion

USCA4 Appeal: 22-1432 Doc: 20 Filed: 06/09/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1432

NABOR GONZALEZ GONZALEZ,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: February 21, 2023 Decided: June 9, 2023

Before GREGORY, Chief Judge, and NIEMEYER and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

ON BRIEF: Mark J. Devine, Charleston, South Carolina, for Petitioner. Brian Boynton, Assistant Attorney General, Shelley R. Goad, Assistant Director, Tim Ramnitz, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1432 Doc: 20 Filed: 06/09/2023 Pg: 2 of 2

PER CURIAM:

Nabor Gonzalez Gonzalez, a native and citizen of Mexico, petitions for review of

an order of the Board of Immigration Appeals dismissing his appeal from the immigration

judge’s denial of his application for cancellation of removal under 8 U.S.C. § 1229b(b)(1).

In denying cancellation of removal, the immigration judge found that Gonzalez failed to

show that his removal would cause an exceptional and extremely unusual hardship for his

United States citizen daughter. We review this determination as a mixed question of fact

and law. Gonzalez Galvan v. Garland, 6 F.4th 552, 560 (4th Cir. 2021).

We have reviewed the administrative record in conjunction with the arguments

advanced by Gonzalez and conclude there is no error in the agency’s dispositive hardship

determination. We also conclude that Gonzalez’s daughter was not deprived of any

constitutional rights due to the denial of Gonzalez’s application for cancellation of removal.

Accordingly, we deny the petition for review. We dispense with oral argument because

the facts and legal contentions are adequately presented in the materials before this court

and argument would not aid the decisional process.

PETITION DENIED

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