Almaraz-Gomez v. Garland ( 2023 )

Case: 23-60244 Document: 00516952811 Page: 1 Date Filed: 11/01/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
FILED
No. 23-60244 November 1, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
Saul Almaraz-Gomez,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
______________________________
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A205 518 253
______________________________
Before Wiener, Stewart, and Douglas, Circuit Judges.
Per Curiam: *
Saul Almaraz-Gomez, a native and citizen of Mexico, petitions for
review of the decision of the Board of Immigration Appeals (BIA) upholding
the immigration judge’s denial of his application for cancellation of removal.
The BIA affirmed the immigration judge’s finding that Almaraz-Gomez
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-60244 Document: 00516952811 Page: 2 Date Filed: 11/01/2023
No. 23-60244
failed to meet his burden of showing that his removal would result in
exceptional and extremely unusual hardship to a qualifying relative.
In the only argument he presents here, Almaraz-Gomez contends that
the evidence showed that his removal would cause one of his daughters to
suffer exceptional and extremely unusual hardship due to educational
challenges and psychological strain. The hardship determination for
cancellation of removal “is a discretionary and authoritative decision” that
is beyond our review pursuant to 8 U.S.C. § 1252(a)(2)(B)(i). Castillo-
Gutierrez v. Garland, 43 F.4th 477, 481 (5th Cir. 2022). Thus, we lack
jurisdiction to consider Almaraz-Gomez’s factual challenge to the hardship
determination. See id.Accordingly, the petition for review is DISMISSED for lack of
jurisdiction.
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