NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ No: 20-2323 _______________ MANUEL LAPO, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA _______________ On Petition for Review of an Order of the Board of Immigration Appeals (A205-754-946) Immigration Judge: Jason L. Pope _______________ Submitted Under Third Circuit LAR 34.1(a) January 26, 2021 Before: JORDAN, MATEY, Circuit Judges, and HORAN,* District Judge. (Opinion Filed: February 8, 2021) _______________ OPINION _______________ * Honorable Marilyn Horan, United States District Judge for the Western District of Pennsylvania, sitting by designation. This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. HORAN, District Judge. Manuel Lapo petitions for review of a decision by the Board of Immigration Appeals (“Board”) dismissing his appeal of an Immigration Judge’s (“IJ”) denial of his application for cancellation of removal under 8 U.S.C. § 1229(b)(1). For the reasons that follow, we lack jurisdiction to review the Board’s Decision and will dismiss the petition for review. I. BACKGROUND Manuel Lapo is a native and citizen of Ecuador. He has continuously resided in the United States since his April 2001 unlawful entry. Until his detention, Mr. Lapo lived with his partner, Ms. Nancy Garcia, and their two United States citizen children, a seventeen-year-old daughter and an eleven-year-old son. On October 4, 2013, the Department of Homeland Security (“DHS”) issued a Notice to Appear, charging Mr. Lapo with removability as an alien present in the United States without being admitted or paroled under 8 U.S.C. § 1182(a)(6)(A)(i). On September 28, 2016, Mr. Lapo entered a counseled admission to removability and thereafter requested cancellation of removal. A hearing on Mr. Lapo’s application was held before the IJ on January 17, 2020. At the start of the hearing, Mr. Lapo’s counsel requested that additional medical evidence be accepted into the record. Although the request was submitted late, the evidence was accepted by the IJ and admitted into the record, without objection, as Exhibit 5. Exhibit 5 consists of 10 pages. The first page is a letter from Dr. Luis Garay, pediatrician for Mr. Lapo’s daughter, Ashley Lapo. This letter discusses Ashley’s medical history, including 2 her gastrointestinal and asthma conditions, recommended treatments, and prognosis. Pages 2 through 9 appear to be notes from eight individual office visits between 2008 and 2019. The tenth page is Dr. Garay’s resume. In addition to the filings of record, exhibits, and presentations of counsel, Mr. Lapo and Ms. Garcia each testified about their children’s medical, mental, and emotional health issues, and the impact Mr. Lapo’s detention has had on Ms. Garcia and the children. They both also testified about the children’s current mental, emotional, and educational difficulties due to Mr. Lapo’s detention, and about the children’s expected future suffering when Mr. Lapo is deported. In addition, both parents testified as to financial and child-care difficulties resulting from Mr. Lapo’s detention, and that such difficulties would continue when Mr. Lapo is deported. Mr. Lapo ...
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