NOT RECOMMENDED FOR PUBLICATION File Name: 20a0020n.06 Case Nos. 19-3204/3601 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jan 14, 2020 REYNA ESMERALDA LUQUIN-CORONEL, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION WILLIAM P. BARR, Attorney General, ) APPEALS ) Respondent. ) OPINION BEFORE: COLE, Chief Judge; COOK and THAPAR, Circuit Judges. COLE, Chief Judge. Petitioner Reyna Esmeralda Luquin-Coronel (“Luquin”) is a native and citizen of Mexico who first entered the United States in 1995 and has been continuously present in this country since 2003. Since immigration proceedings were first initiated against her, Luquin has conceded removability and sought various forms of discretionary relief under federal law. In the proceedings below, Luquin was denied that discretionary relief. She now appeals to this court, arguing that the Board of Immigration Appeals (“BIA”) improperly determined that she was ineligible for cancellation of removal, that the immigration proceedings against her were improperly commenced, and that the BIA abused its discretion in denying a motion to have her appeal heard by a three-member BIA panel. As set forth below, we deny Luquin’s petition for review in its entirety. Case Nos. 19-3204/3601, Luquin-Coronel v. Barr I. BACKGROUND Luquin was born in San Martin Hidalgo Jalisco, Mexico on January 6, 1979. She first arrived in the United States in 1995, without inspection. In early 1997, she returned to Mexico, where she remained until approximately 2000. She remained in the United States from 2000 until 2002, when she again returned to Mexico. Then, in February and May of 2003, Luquin twice attempted to enter the United States, and each time was turned away by border officials. In June of 2003, Luquin successfully entered the United States, where she has remained ever since. She lives in Michigan with her husband and three of her children. Those three children are United States citizens and a fourth child, her oldest, is a noncitizen currently serving in the United States military. On November 2, 2009, Luquin received a notice to appear charging that she was unlawfully present in the United States. The notice to appear advised Luquin that she was to appear before an immigration judge in Detroit at a time and place that would be set in the future. Then, on December 23, 2009, Luquin received a notice of hearing, which set the initial hearing for February 4, 2010. Luquin appeared at the February 4 hearing, and, at a subsequent hearing, admitted the factual allegations contained in the notice to appear, conceded removability, and asserted her intent to apply for relief from deportation in the form of cancellation and withholding of removal, or, in the alternative, voluntary departure. The immigration judge held a hearing on the relief that Luquin sought on December 5, 2017. Following that hearing, the immigration judge issued an oral decision, wherein she denied both Luquin’s application for cancellation of removal and application for withholding of removal. Concerning the application ...
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