Salazar v. Garland


Case: 20-60222 Document: 00516157272 Page: 1 Date Filed: 01/06/2022 United States Court of Appeals United States Court of Appeals Fifth Circuit FILED for the Fifth Circuit January 6, 2022 Lyle W. Cayce Clerk No. 20-60222 Javier Eduardo Salazar, also known as Javier Salazar, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A205 291 075 Before Jones, Higginson, and Duncan, Circuit Judges. Per Curiam:* Petitioner Javier Eduardo Salazar, proceeding pro se, seeks review of the Board of Immigration Appeals’ (“BIA”) determination that he is ineligible for cancellation of removal and requests that this court vacate and remand the case for further BIA proceedings. We find no error of law in the BIA’s legal conclusions, and thus DENY the petition for review. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-60222 Document: 00516157272 Page: 2 Date Filed: 01/06/2022 No. 20-60222 BACKGROUND Salazar is a native and citizen of Mexico. He came to the United States without a valid entry document with his parents when he was seven years old. In 2012, the Department of Homeland Security (“D.H.S.”) served Salazar with a notice to appear (“NTA”), charging him with removability. With counsel, he appeared before an Immigration Judge (“IJ”), admitted the allegations in the NTA, and conceded removability. He then applied for cancellation of removal under 8 U.S.C. § 1229b(b)(1).1 D.H.S. stipulated that Salazar satisfied the requirements of good moral character and physical presence. But it contended that Salazar’s removal would not result in the requisite “exceptional and extremely unusual hardship” to his daughter, as required for eligibility under § 1229b(b)(1)(D). Salazar lives with his wife, daughter, and parents. His wife is also from Mexico and does not have legal status, but she is not currently in removal proceedings. Salazar’s parents also remain in the United States without legal status. His daughter, who was born in 2018 in the United States, is a citizen. Salazar works as a plumber and is the sole financial provider for his family. His wife cares at home full-time for their daughter. Salazar has no personal ties to Mexico other than his citizenship. He has not returned to Mexico since entering the United States in 1999, he has no relatives in Mexico, and his primary language is English. Salazar testified that, if he were removed, he would take his wife and daughter with him so that he could continue to support them and because he does not believe in separating families. He believes that his daughter would suffer in Mexico due to the increased criminal activity and lack of sufficient 1 Salazar also applied for asylum, withholding of removal, and protection under the Convention Against Torture. Those claims were unsuccessful, and Salazar did not appeal any of these determinations. 2 Case: 20-60222 Document: 00516157272 Page: 3 Date …

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