CA8 Finds BIA Applied Correct Legal Standard in Conducting Exceptional and Extremely Unusual Hardship Inquiry

Upholding the BIA’s denial of cancellation of removal as to the petitioner, whose teenage daughter had attempted suicide, the court held that the BIA had not misapplied the standard for exceptional and extremely unusual hardship by focusing solely on the current conditions of the petitioner’s daughter, but instead had correctly engaged in future-oriented analysis. The court also found that it lacked jurisdiction to review the petitioner’s arguments that the BIA erred by doubting whether the removal proceedings had caused his daughter’s declining mental health and by failing to consider the IJ’s misstatement about the petitioner’s eligibility for reentry. (Garcia-Ortiz v. Garland, 12/17/21)