Serrato Hernandez v. Garland ( 2023 )

Case: 20-60706 Document: 00516628730 Page: 1 Date Filed: 01/31/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 20-60706
Summary Calendar FILED
____________ January 31, 2023
Lyle W. Cayce
Andres Serrato Hernandez, Clerk
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
______________________________
Petition for Review of an Order of
the Board of Immigration Appeals
Agency No. A074 298 369
______________________________
Before Smith, Southwick, and Douglas, Circuit Judges.
Per Curiam: *
Andres Serrato Hernandez, a native and citizen of Mexico, petitions
for review of a decision of the Board of Immigration Appeals dismissing his
appeal of the immigration judge’s order denying cancellation of removal.
The government moves to dismiss the petition for review for want of
jurisdiction.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 20-60706 Document: 00516628730 Page: 2 Date Filed: 01/31/2023
No. 20-60706
“This Court must examine the basis of its jurisdiction, on its own
motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). To
the extent that he directly urges the hardship factors to us, we lack juris-
diction. See Castillo-Gutierrez v. Garland, 43 F.4th 477, 481 (5th Cir. 2022).
The motion to dismiss is GRANTED, and the petition for review is
DISMISSED.
2