Ct. of Appeals remanded matter back to Board and IJ for reconsideration of petitioner’s (citizen of Mexico) request for cancellation of removal based on claim that his removal to Mexico would work substantial hardship for his U.S.-born special-needs daughter. IJ erred procedurally by failing to resolve credibility question regarding whether petitioner had maintained requisite 10-year presence in U.S. prior to initiation of removal proceedings. Also, while Ct. of Appeals typically lacks jurisdiction to consider merits of Board’s resolution of cancellation of removal requests, Ct. of Appeals has jurisdiction to consider whether Board made legal error in failing to consider certain category of evidence proffered by petitioner, and record showed that said error had occurred, where Board and IJ failed to consider evidence regarding severity of daughter’s speech and language deficits and need for specialized treatment when considering instant hardship question. As such, petitioner was entitled to remand for reconsideration of hardship question, but there was nothing to preclude Board from making same decision after considering petitioner’s evidence.
Federal 7th Circuit Court