Singh v. Holder, 448 F. App'x 619

Singh, an Indian citizen, petitions for review of a BIA decision denying cancellation of removal.
This court lacks jurisdiction to review discretionary denials of cancellation unless a legal or constitutional argument is presented.
Singh entered the United States illegally in 1990 at age 19 and has remained since; he is married to an Indian citizen and has three U.S.-born children.
Singh sought cancellation under 8 U.S.C. § 1229b(b)(1), which requires ten years’ presence, good moral character, and exceptional and extremely unusual hardship to his children.
The IJ found Singh had continuous presence since 1990 and good moral character; hardship evidence centered on education and healthcare in India and his children’s needs.
The Board affirmed, rejected the aggregate-hardship theory, and Singh filed a motion for reconsideration; the court reviews jurisdiction and merits of the arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to review discretionary denial	Singh contends the Board misapplied standards in hardship analysis.	Government asserts jurisdiction strips review of discretionary hardship determinations.	Petition denied for lack of jurisdiction on discretionary hardship ruling.
Aggregate hardship standard	Board must consider hardship factors cumulatively, not in isolation.	Board’s failure to explicitly state aggregation is harmless error.	Aggregation argument rejected or deemed harmless; IJ’s aggregate analysis upheld.
Board's consideration of evidence	Board ignored evidence or misstated facts (e.g., family in India).	Board did not overlook important evidence; testimony supported its findings.	No reversible legal error; factual error claim dismissed.
Effect of Board’s statutory and factual rulings	Aggregate factors and evidence undermine hardship determination.	Record supports Board’s conclusion that hardship did not meet the standard.	Board's hardship determination affirmed; petition denied in part and dismissed in part.

Marin-Garcia v. Holder, 647 F.3d 666 (7th Cir. 2011) (broad jurisdiction-stripping scope covers discretionary and underlying factual findings)
Stepanovic v. Filip, 554 F.3d 673 (7th Cir. 2009) (jurisdiction stripped for review of discretionary denial)
Chavez-Vasquez v. Mukasey, 548 F.3d 1115 (7th Cir. 2008) (hardship determinations limited by statutory review scope)
Jezierski v. Mukasey, 543 F.3d 886 (7th Cir. 2008) (broad bar on review of agency weighing of evidence)
Huang v. Mukasey, 534 F.3d 618 (7th Cir. 2008) (scope of review of hardship/eligibility determinations)
Iglesias v. Mukasey, 540 F.3d 528 (7th Cir. 2008) (reviewability of potential legal errors in hardship analysis)
Champion v. Holder, 626 F.3d 952 (7th Cir. 2010) (vacated Board denial when agency virtually ignored critical evidence)