Roman Yanez v. Garland ( 2022 )

Case: 20-60888 Document: 00516304913 Page: 1 Date Filed: 05/03/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 3, 2022
No. 20-60888 Lyle W. Cayce
Summary Calendar Clerk
Tiburcio Roman Yanez,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A201 069 221
Before Davis, Jones, and Elrod, Circuit Judges.
Per Curiam:*
Tiburcio Roman-Yanez, a native and citizen of Mexico, petitions us
for review of the Board of Immigration Appeal’s dismissal of his cancellation
of removal claim.
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 20-60888 Document: 00516304913 Page: 2 Date Filed: 05/03/2022
No. 20-60888
We have jurisdiction to review this argument. Trejo v. Garland, 3
F.4th 760, 766-74 (5th Cir. 2021). We review questions of law de novo.
Lopez-Gomez v. Ashcroft, 263 F.3d 442, 444 (5th Cir. 2001).
Roman-Yanez does not show that the BIA erred in applying its
precedent or the appropriate legal standard. He argues that his case is
comparable to Matter of Recinas, 23 I. & N. Dec. 467, 472 (BIA 2002), where
the BIA found cancellation proper, but the facts in Recinas are distinguishable
from the facts in this case. Accordingly, as the BIA’s determination is based
on the facts presented and is consistent with its own caselaw, there is no basis
to compel a finding that the BIA erred in finding that the hardship to Roman-
Yanez’s family did not warrant cancellation of removal. See Trejo, 3 F.4th at
775-76.
DENIED.
2