United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2722 ___________________________ Alvaro Blas Apolinar lllllllllllllllllllllPetitioner v. William P. Barr, Attorney General of the United States lllllllllllllllllllllRespondent ___________________________ No. 19-1380 ___________________________ Alvaro Blas Apolinar lllllllllllllllllllllPetitioner v. William P. Barr, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: November 14, 2019 Filed: December 27, 2019 ____________ Before SHEPHERD, GRASZ, and KOBES, Circuit Judges. ____________ SHEPHERD, Circuit Judge. In this consolidated appeal, Alvaro Blas Apolinar petitions for review of the Board of Immigration Appeals’s (BIA) denial of his application for cancellation of removal and denial of his motion to reopen or reconsider. We dismiss his petition for review of his application for cancellation of removal for lack of jurisdiction. Having jurisdiction under 8 U.S.C. § 1252(a), we deny his petition for review of his motion to reopen or reconsider. I. Alvaro Blas Apolinar, a citizen of Mexico, entered the United States in 1998 without being inspected or admitted by an immigration officer. After arriving in the country, he worked in Sedalia, Missouri for several years. He also has two minor children who are United States citizens. In 2010, Blas Apolinar was placed in removal proceedings when the Department of Homeland Security (DHS) filed a Notice to Appear (NTA) with an immigration court. The NTA charged him with removability for being present in the United States without admission or parole by an immigration officer, but it did not provide the date and time of his hearing. Instead, the NTA simply indicated that a hearing date and time would be set. Blas Apolinar eventually received notice of a hearing scheduled for March 10, 2011, which he attended. At the hearing, he admitted the allegations contained in the NTA and conceded removability. Although an Immigration Judge (IJ) granted his request for voluntary departure, Blas Apolinar later moved to reopen the proceedings -2- so that he could apply for cancellation of removal. The IJ granted this motion. On September 9, 2011, Blas Apolinar filed his application for cancellation of removal on the grounds that removal to Mexico would result in exceptional and extremely unusual hardship for his children. Specifically, he asserted that his removal would result in his family facing economic hardship, should they remain in the United States, as he is the sole provider for his wife and children. He also argued that if his family were to accompany him to Mexico, his children would face significant hardship because they have limited Spanish language abilities, they would be unable to enjoy the same educational opportunities as they have in the United States, and they could be at risk due to the rampant crime and gang violence that is prevalent in the region of Mexico where Blas Apolinar would return. Following a hearing on the application, an IJ granted his application for cancellation of removal on June 14, 2017 after finding that if Blas Apolinar’s children went to Mexico with him, ...
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