United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-3575 ___________________________ Alberto Dominguez Hernandez Petitioner v. Merrick B. Garland, Attorney General of the United States Respondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: December 13, 2021 Filed: March 18, 2022 ____________ Before BENTON, KELLY, and ERICKSON, Circuit Judges. ____________ ERICKSON, Circuit Judge. Alberto Dominguez Hernandez petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for cancellation of removal. He asserts the BIA committed three errors in upholding the Immigration Judge’s (“IJ”) good moral character determination: (1) it applied the wrong standard of review; (2) it failed to consider the arguments he raised; and (3) it did not provide a reasoned basis sufficient for appellate court review. Hernandez also asserts the BIA abused its discretion when it denied his motion to remand to introduce additional evidence. While the BIA’s decision is superficial and mechanical and was dispatched with a level of brevity that we do not condone and may not accept in the future, we find no error warranting remand under the particular circumstances of this case. I. BACKGROUND Hernandez, a native and citizen of Mexico, arrived in the United States in December 1997. He is 41 years old, married, and the father of three children. Before being detained, he lived with his wife and children in Rock Valley, Iowa. To support the family, Hernandez worked at Wolfswindel Dairy milking cows and administering medication to them. Hernandez and his family were actively involved in their church: helping with chores, providing financial contributions, and participating in fundraising activities. While in the United States, Hernandez has been arrested twice. Once in 2007, after Hernandez got into a fistfight when one of the individuals he was drinking alcohol with, insulted his wife. Hernandez successfully completed a one-year probationary term for that offense. The second incident is what led to the commencement of these removal proceedings. On December 23, 2019, Hernandez got into an argument with his wife because he had agreed to pick up a shift at work over the holidays. After the discussion, he went to his wife’s cousin’s house where he consumed tequila. While in an intoxicated state, Hernandez, who did not have a valid driver’s license, stole a relative’s vehicle, drove it for approximately a mile before rolling it and rendering it inoperable. No other vehicle or property was involved. Hernandez was picked up at the accident scene by unknown individuals and driven to his house. Once at his house, he vomited resulting in an ambulance being summoned. After the ambulance was called, law enforcement got involved. Hernandez’s blood alcohol concentration was determined to be .226. Hernandez was charged with operating a motor vehicle -2- without the owner’s consent and operating a vehicle while intoxicated. These charges remain pending. Hernandez asserted during the removal hearing that alcohol consumption was out of character for him and expressed remorse for his actions. He submitted numerous letters of support …
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