NOT RECOMMENDED FOR PUBLICATION File Name: 23a0224n.06 No. 22-3985 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED May 12, 2023 DEBORAH S. HUNT, Clerk JOSE ANTONIO GUZMAN HERRERA, ) ) Petitioner, ) ON PETITION FOR REVIEW OF ) AN ORDER OF THE BOARD OF v. ) IMMIGRATION APPEALS ) MERRICK B. GARLAND, Attorney General, ) Respondent. OPINION ) ) Before: MOORE, McKEAGUE, and MATHIS, Circuit Judges. KAREN NELSON MOORE, Circuit Judge. Petitioner Jose Antonio Guzman Herrera seeks review of a final order from the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) decision denying his application for cancellation of removal. Guzman Herrera argues that the BIA erroneously determined that he had not established that his removal would result in exceptional and extremely unusual hardship to his U.S. citizen children. For the reasons that follow, we DENY the petition for review. I. BACKGROUND Guzman Herrera is a native and citizen of Mexico. Administrative Record (A.R.) at 257 (Appl. for Cancellation of Removal at 3). Guzman Herrera first entered the United States in February 1998, when he was fifteen years old, by crossing the U.S.-Mexico border without inspection. A.R. at 259 (Appl. for Cancellation of Removal at 5). In July 2001, he departed the United States after receiving a grant of voluntary departure. Id. Guzman Herrera returned to the United States later that month, again by crossing the border without inspection. Id. No. 22-3985, Guzman Herrera v. Garland After reentering the United States, Guzman Herrera married a Mexican citizen and had four children, all U.S. citizens, born in 2004, 2005, 2009, and 2013. A.R. at 257, 259, 261–62 (Appl. for Cancellation of Removal at 3, 5, 7–8). In 2017, Guzman Herrera and his wife divorced. A.R. at 227–35 (Divorce J. at 1–9). Guzman Herrera and his ex-wife have joint legal custody of their children, who spend equal time at each parent’s home. A.R. at 228, 230 (Divorce J. at 2, 4); A.R. at 93 (Hr’g Tr. at 20). Guzman Herrera has been continuously employed as a supervisor at the same workplace since April 2002. A.R. at 260 (Appl. for Cancellation of Removal at 6). In May 2016, the Department of Homeland Security (“DHS”) issued a Notice to Appear (“NTA”), placing Guzman Herrera in removal proceedings based on his presence in the United States without having been admitted or paroled, in violation of § 212(a)(6)(A)(i) of the Immigration and Nationality Act (“INA”). A.R. at 341 (NTA at 1); see also 8 U.S.C. § 1182(a)(6)(A)(i). Guzman Herrera conceded removability and applied for cancellation of removal and voluntary departure. A.R. at 80 (Hr’g Tr. at 7); A.R. at 257 (Appl. for Cancellation of Removal at 3); A.R. at 105 (Hr’g Tr. at 32). At the merits hearing on his applications, Guzman Herrera testified that he has a good relationship with his children and tries to spend time with them and support them, especially in their education and extracurricular activities. A.R. at 98–100 (Hr’g Tr. at 25–27). He testified that his children …
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