Perez-Fuentes v. Lynch

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 14-2504
Decision Date: 
November 22, 2016
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition dismissed and denied in part

Ct. of Appeals lacked jurisdiction to consider merits of alien’s appeal of Bd.’s denial of his application for cancelation of removal, where alien alleged in part that his removal would work exceptional and extreme hardship on his American-citizen daughter. Instant decision by Bd. was discretionary in nature and was precluded from review under 8 USC section 1252(a)(2)(B). Moreover, Ct. rejected alien’s claim that IJ prevented him from receiving full and fair hearing by failing to develop record regarding potential hardship arising out of his removal, where alien’s responses to IJ’s questions indicated that alien’s daughter would not face substantially different hardship than what would be expected from alien’s deportation. Ct. also rejected alien’s claim that IJ ignored evidence contained in seven untranslated documents, where alien failed to establish that said evidence had bearing on finding that alien’s deportation would not work extreme hardship on his daughter.