NOT RECOMMENDED FOR PUBLICATION File Name: 22a0232n.06 No. 21-3912 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jun 09, 2022 DEBORAH S. HUNT, Clerk HIPOLITO GARCIA ZAPATA, ) ) Petitioner, ) ON PETITION FOR REVIEW OF ) AN ORDER OF THE BOARD OF v. ) IMMIGRATION APPEALS ) MERRICK B. GARLAND, Attorney General, ) ) OPINION Respondent. ) ) Before: BOGGS, MOORE, and GRIFFIN, Circuit Judges. KAREN NELSON MOORE, Circuit Judge. Hipolito Garcia Zapata petitions this court to review the decision of the Board of Immigration Appeals (“BIA”) denying his application for cancellation of removal. For the reasons that follow, we DENY the petition for review. I. BACKGROUND Garcia Zapata is a native and citizen of Mexico. Administrative Record (A.R.) at 592 (Notice to Appear at 1). He has lived in the United States since July 1, 2002. A.R. at 539 (Appl. for Cancellation of Removal at 1). Garcia Zapata has two children who are United States citizens: Eric, who was born on December 13, 2013, and Pablo, who was born on April 21, 2015. A.R. at 526–27 (Birth Certificates). Garcia Zapata also has three adult children who live in Mexico. A.R. at 137 (Tr. at 29). Garcia Zapata lives with Eric, Pablo, and their mother, with whom Garcia Zapata has been in a long-term relationship. A.R. at 139 (Tr. at 31). Garcia Zapata is the sole No. 21-3912, Zapata v. Garland income earner in the family and earns approximately $400 each week. A.R. at 139–40 (Tr. at 31– 32). If removed, he would bring his family with him to Mexico. A.R. at 146 (Tr. at 38). On October 17, 2013, the Department of Homeland Security issued a Notice to Appear, charging Garcia Zapata as a removable alien. A.R. at 592 (Notice to Appear at 1). Garcia Zapata admitted the allegations and charge. A.R. at 106 (Tr. at 1). Garcia Zapata sought cancellation of removal and, in the alternative, voluntary departure. A.R. at 121 (Tr. at 13). On November 27, 2018, the Immigration Judge (IJ) held a merits hearing on Garcia Zapata’s cancellation of removal claim. A.R. at 119–97 (Tr.). The IJ denied the application for cancellation of removal, finding that Garcia Zapata’s children would not experience exceptional and extremely unusual hardship as a result of his removal. A.R. at 82–83 (IJ Order at 11–12). Although Garcia Zapata will “have diminished [economic] opportunity” in Mexico, the IJ found that “there is insufficient evidence to conclude that [he] would be rendered jobless.” A.R. at 80 (IJ Order at 9). The IJ emphasized that Garcia Zapata “is highly educated,” “has three adult children in Mexico and thus a support system,” and “apparently has access to or actually owns a home in Mexico even though he indicates it ‘practically’ belongs to his adult children, at this point.” Id. Although Eric and Pablo will have fewer educational opportunities, “there is nothing in this record to suggest that these children would be deprived of all schooling.” A.R. at 81 (IJ Order at 10). …
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