Case: 20-60353 Document: 00515924542 Page: 1 Date Filed: 07/02/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 2, 2021 No. 20-60353 Lyle W. Cayce Clerk Jose Felipe Guerrero Trejo, also known as Jose Felipe Guerrero, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A205 288 147 Before King, Dennis, and Ho, Circuit Judges. James L. Dennis, Circuit Judge: An immigration judge (“IJ”) found that Jose Felipe Guerrero Trejo was a removable alien. Guerrero sought to have his removal cancelled, but the IJ denied his application, determining that Guerrero could not be considered for that discretionary relief because he had not shown his removal would result in “exceptional and extremely unusual hardship” to his U.S.- citizen children. The Board of Immigration Appeals (“BIA”) adopted and affirmed the IJ’s assessment, and Guerrero now petitions this court for review. Case: 20-60353 Document: 00515924542 Page: 2 Date Filed: 07/02/2021 No. 20-60353 We hold that we have jurisdiction to review the IJ and BIA’s determination. Although 8 U.S.C. § 1252(a)(2)(B) deprives us of jurisdiction to review the discretionary decision of whether to actually grant cancellation of removal, recent Supreme Court precedent makes clear that applying a legal standard to established facts in order to determine whether an alien is eligible for discretionary relief is a question of law, not a discretionary decision. Thus, we may review the IJ’s determination that the events that would befall Guerrero’s children if he were removed would not amount to “exceptional and extremely unusual hardship” as Congress intended the phrase. Because we find no error in the IJ’s conclusion that they would not, Guerrero’s petition for review is DENIED. I. Background and Procedural History Jose Felipe Guerrero Trejo is a native and citizen of Mexico. On April 2, 2012, immigration authorities served Guerrero 1 with a notice to appear alleging that he was removable because he was present in the United States without having been admitted. During his hearing, Guerrero conceded removability, and the IJ accordingly sustained the charge and designated Mexico as Guerrero’s country of removal. Guerrero then applied for cancellation of removal under 8 U.S.C. § 1229b(b)(1), which grants the IJ and BIA discretion to cancel an alien’s removal if certain statutory prerequisites are met. 2 1 Though the Government refers to the Petitioner as “Trejo,” he notes in his briefing that Guerrero is his “actual last name” and explains that in the Latin tradition, the paternal and maternal last names are concatenated, with the paternal name appearing first. We accordingly refer to the Petitioner as “Guerrero.” 2 Guerrero in the alternative requested withholding of removal or that he be allowed voluntary departure. Guerrero appears to have promptly abandoned his pursuit of withholding of removal, but the IJ granted his request for voluntary departure, and that ruling is not separately challenged in Guerrero’s petition for review. 2 Case: 20-60353 Document: 00515924542 Page: 3 Date …
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