USCA11 Case: 22-11703 Document: 24-1 Date Filed: 05/31/2023 Page: 1 of 10 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-11703 Non-Argument Calendar ____________________ FREDY HERNANDEZ-DIAZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A205-014-390 ____________________ USCA11 Case: 22-11703 Document: 24-1 Date Filed: 05/31/2023 Page: 2 of 10 2 Opinion of the Court 22-11703 Before LUCK, BRASHER, and MARCUS, Circuit Judges. PER CURIAM: Fredy Hernandez-Diaz petitions us for review of the Board of Immigration Appeals’ (“BIA”) final order affirming the Immigra- tion Judge’s (“IJ”) denial of his application for cancellation of re- moval. He says that the BIA: (1) erred in concluding that he failed to prove exceptional and extremely unusual hardship to his chil- dren were he deported; and (2) did not give reasoned consideration to his arguments. However, we lack jurisdiction to review the BIA’s hardship finding, and the BIA expressly adopted the decision of the IJ, who properly considered Hernandez-Diaz’s application. Accordingly, we dismiss the petition in part and deny it in part. I. Hernandez-Diaz is a Mexican citizen who entered the United States without inspection in April 2002, when he was sev- enteen years old. He has lived in this country ever since. In June 2012, the Department of Homeland Security charged him as re- movable for being a noncitizen present in the United States with- out being admitted or paroled. See 8 U.S.C. § 1182(a)(6)(A)(i). Her- nandez-Diaz conceded removability and applied for cancellation of removal, claiming that his three United States-citizen daughters would face exceptional and extremely unusual hardship if he were removed. See id. § 1229b(b)(1). In his application for cancellation of removal, Hernandez- Diaz attached his children’s birth certificates; his driver’s license, USCA11 Case: 22-11703 Document: 24-1 Date Filed: 05/31/2023 Page: 3 of 10 22-11703 Opinion of the Court 3 social security card, driving history, tax returns, bank statements, children’s medical and school records; a letter from his employer; affidavits from friends; and country reports for Mexico. Most rele- vantly, he included an educational plan for his oldest daughter, Di- ana, who had a developmental delay. The report noted that Diana received speech and language therapy, and that, although she was making progress, she still “struggle[d] with written expression, un- derstanding new vocabulary, and Reading Comprehension which impact[ed] her success within the general curriculum.” Hernandez-Diaz appeared for hearings in 2012, 2013, 2017, and 2019, offering his testimony at the last one. There, he ex- plained that he lived with his partner, whom he had been with since 2006, and his three daughters, and his partner was pregnant with their fourth child. His parents and two of his sisters lived in Mexico, while his four other siblings lived in the United States with- out status. Hernandez-Diaz regularly sent money to his parents, in part because his father could no longer work after an accident. Hernandez-Diaz testified that if he were removed, his part- …
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