Case: 22-60463 Document: 00516739058 Page: 1 Date Filed: 05/04/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-60463 Summary Calendar FILED ____________ May 4, 2023 Lyle W. Cayce Jose Argeta-Ciera, Clerk Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. ______________________________ Petition for Review of an Order of the Board of Immigration Appeals Agency No. A216 075 192 ______________________________ Before Davis, Higginson, and Douglas, Circuit Judges. Per Curiam: * Jose Argeta-Ciera, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’s (BIA) decision dismissing his appeal from the immigration judge denial of his application for cancellation of removal. We review de novo whether jurisdiction exists to decide an issue. Arulnanthy v. Garland, 17 F.4th 586, 592 (5th Cir. 2021). _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-60463 Document: 00516739058 Page: 2 Date Filed: 05/04/2023 No. 22-60463 On review, Argeta-Ciera argues that the BIA erred in determining that he failed to establish the requisite hardship to his relatives in order to qualify for cancellation of removal. We lack the jurisdiction to review the denial of certain types of discretionary relief, including cancellation of removal under 8 U.S.C. § 1229b. 8 U.S.C. § 1252(a)(2)(B)(i). The hardship determination for cancellation of removal “is a discretionary and authoritative decision” that “is beyond [this court’s] review” pursuant to § 1252(a)(2)(B)(i). Castillo-Gutierrez v. Garland, 43 F.4th 477, 481 (5th Cir. 2022). Accordingly, Argeta-Ciera’s petition for review is DISMISSED. The Government’s motion to dismiss is DENIED as moot. 2 22-60463 Court of Appeals for the Fifth Circuit ca5 5th Cir. Argeta-Ciera v. Garland 4 May 2023 Immigration Unpublished 09b9d7a10107e7000ee8d60fc11e6d06e21c89dc
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals