123 F.4th 781
5th Cir.2024Background
- Vicente David Cuenca-Arroyo, a native and citizen of Mexico, was brought to the U.S. as a child without admission or parole and was found removable in 2017.
- He has a minor son, B.A., a U.S. citizen, with whom he shares custody and is actively involved in his upbringing.
- Cuenca-Arroyo sought cancellation of removal under 8 U.S.C. § 1229b(b)(1), voluntary departure under 8 U.S.C. § 1229c(b), and requested a continuance to potentially add his parents as qualifying relatives.
- The Immigration Judge denied all forms of relief, including the motion for continuance, citing insufficient evidence and failure to meet statutory standards.
- The Board of Immigration Appeals (BIA) affirmed all denials.
- Cuenca-Arroyo petitioned for review in the Fifth Circuit, challenging the denials on all three counts.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Cancellation of Removal | Removal would cause exceptional, extremely unusual hardship to his U.S. citizen son. | Hardship is common and not exceptional; son has mother’s support. | Petition denied; BIA correctly found no exceptional hardship. |
| Voluntary Departure | BIA erred by characterizing tax filing discrepancies as "tax fraud" without legal basis. | Discretionary denial based on negative character evidence. | Dismissed for lack of jurisdiction; no legal error reviewable by the court. |
| Motion for Continuance | Improper denial prevented inclusion of parents as qualifying relatives. | No good cause shown for continuance; evidence inadequate. | Denied; BIA did not abuse its discretion in affirming denial. |
Key Cases Cited
- Patel v. Garland, 596 U.S. 328 (statutory bar on judicial review of discretionary-relief decisions in immigration cases)
- Wilkinson v. Garland, 601 U.S. 209 (judicial review of mixed questions of law and fact in certain immigration contexts)
- Orellana-Monson v. Holder, 685 F.3d 511 (standards for BIA appellate review in immigration proceedings)
- Ali v. Gonzales, 440 F.3d 678 (abuse of discretion review for continuance denials in immigration cases)
- Manzano-Garcia v. Gonzales, 413 F.3d 462 (high deference to BIA/immigration judge in procedural motions)