United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3487 ___________________________ Gerardo Campos Julio 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: December 13, 2019 Filed: March 23, 2020 ____________ Before LOKEN, GRASZ, and STRAS, Circuit Judges. ____________ LOKEN, Circuit Judge. Gerardo Campos Julio, a native and citizen of Mexico, last entered the United States on or about July 21, 2000, violating 8 U.S.C. § 1182(a)(6)(A)(i). The Department of Homeland Security initiated removal proceedings in 2014. Campos conceded removability and applied for discretionary cancellation of removal, which requires an alien to prove continuous presence for ten years, good moral character, no prior conviction for an enumerated criminal offense, and that his removal “would result in exceptional and extremely unusual hardship” to a qualifying relative. 8 U.S.C. § 1229b(b)(1). After a hearing in August 2016, the Immigration Judge (“IJ”) found that Campos satisfied the first three requirements but did not establish that his removal would cause “exceptional and extremely unusual hardship” to his thirteen-year-old daughter Martha, his only qualifying relative. The IJ denied relief. Campos appealed and filed a motion to remand to the IJ to consider new evidence of extraordinary hardship. The Board of Immigration Appeals (“BIA”) dismissed the appeal and denied Campos’s motion to remand. Campos petitions for review of both adverse rulings, arguing the BIA committed errors of law by conducting its own fact-finding, failing to consider relevant hardship factors, and denying the motion to remand. Congress has limited our jurisdiction to review the Attorney General’s discretionary decision to deny cancellation of removal, but we may review “constitutional claims or questions of law.” 8 U.S.C. §§ 1252(a)(2)(B)(i), (D). We also have jurisdiction to review the BIA’s denial of an alien’s motion to remand under a deferential abuse of discretion standard. See Kucana v. Holder, 558 U.S. 233, 242, 253 (2010). Applying these principles, we deny the petition for review. A. The Initial Appeal. In a September 2017 Written Decision, the IJ considered all the evidence “individually and cumulatively” and concluded that “cancellation of removal must be denied” because Campos failed to establish that his removal would result in exceptional and extremely unusual hardship to Martha. The IJ noted that Martha met with a psychologist, but she “was not diagnosed with any mental health issues or problems,” her therapy concluded in April 2016, and no further therapy was scheduled. If Martha remained in the United States, she would continue to have access to a psychologist. If she relocated to Mexico with her father, or to Guatemala, where her mother is a citizen, Campos had not established that Martha would be completely deprived of educational opportunity. “In summary,” the -2- IJ concluded, Campos established no more than “the types of hardships expected by most aliens who now face the prospect of returning to their home countries after living in the U.S. for many years.” On appeal to the BIA, ...
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