Rafael Segovia-Yanes v. Merrick Garland

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 3, 2022
• Docket: 21-1865
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1865 ___________________________

Rafael Antonio Segovia-Yanes

lllllllllllllllllllllPetitioner

v.

Merrick B. Garland, Attorney General of the United States

lllllllllllllllllllllRespondent ____________

Petition for Review of an Order of the Board of Immigration Appeals ____________

Submitted: September 28, 2022 Filed: October 3, 2022 [Unpublished] ____________

Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Rafael Segovia-Yanes, a citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals affirming the denial of his application for cancellation of removal. Segovia argues that removing him would cause “exceptional and extremely unusual hardship” to his American-citizen children. 8 U.S.C. § 1229b(b)(1)(D). We will not consider this argument because Segovia failed to raise it before the Board. See Bakor v. Barr, 958 F.3d 732, 739 (8th Cir. 2020), cert. denied, 141 S. Ct. 2566 (2021); see also 8 U.S.C. § 1252(d)(1) (requiring exhaustion of administrative remedies before judicial review). We accordingly dismiss the petition for review. ______________________________

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