Board did not commit legal error when finding that alien did not qualify for relief from removal, where Board found that alien failed to establish requisite hardship arising out of any removal to Mexico. Ct. of Appeals lacked jurisdiction to consider merits of Board’s discretionary decision to deny alien’s claim that he was entitled to said relief as battered spouse under 8 USC section 1229b(b)(2). Ct. of Appeals, though, had jurisdiction to consider alien’s claim that Board and IJ failed to address his claim that removal to Mexico was not warranted given his alleged post-traumatic stress disorder, dependent personality disorder and lack of treatment options in Mexico. However, alien’s claim of legal error was without merit, where record showed that IJ actually considered such claim via alien’s documentary evidence regarding alien’s mental state and decided that it did not establish extreme hardship, since alien failed to show that he would be unable to obtain either employment or treatment of his mental issues in Mexico.
Federal 7th Circuit Court
Civil Court
Immigration