BLD-039 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 22-1338 ___________ LUCINO JUAREZ-VARGAS, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A205-495-679) Immigration Judge: Pallavi S. Shirole ____________________________________ Submitted on Respondent’s Motion for Summary Action Pursuant to Third Circuit L.A.R. 27.4 and I.O.P. 10.6 December 1, 2022 Before: AMBRO, KRAUSE, and PORTER, Circuit Judges (Opinion filed: December 29, 2022) _________ OPINION* _________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Lucio Juarez-Vargas petitions for review of a decision and order of the Board of Immigration Appeals (BIA) dismissing his appeal and affirming the denial of his application for cancellation of removal under 8 U.S.C. § 1229b(b)(1). Presently before the Court is the Government’s motion for summary disposition of the petition for review. For the foregoing reasons, we grant the Government’s motion and will dismiss the petition for review. Juarez-Vargas, a citizen of Mexico, entered the United States without inspection in 2002. In 2013, he was arrested and detained for possession of marijuana. The Department of Homeland Security (DHS) charged him with being removable for being present in the United States without having been admitted or paroled, see 8 U.S.C. § 1182(a)(6)(A)(i). Juarez-Vargas was released from DHS custody but later missed a hearing at which an immigration judge (IJ) ordered him removed in absentia. In 2016, Juarez-Vargas successfully moved to reopen the proceedings, and, in July 2021, he filed the counseled application for cancellation of removal at issue here. Since immigration proceedings were initiated in 2013, Juarez-Vargas was arrested six more times and convicted of driving while intoxicated, hindering, and public nuisance (downgraded from a simple assault). During the proceedings regarding his cancellation application, Juarez-Vargas argued that he met the statutory criteria for relief, including that his removal would result in “exceptional and extremely unusual hardship” to his two U.S. citizen minor children 2 and U.S. citizen wife. 1 As the IJ acknowledged, both children—ages 13 and 8 at the time of proceedings—had Individual Education Plans (IEP) due to speech and language delays, and Petitioner’s testimony as well as that of his U.S. citizen wife and of the children’s mother established that Juarez-Vargas has supported his children emotionally and sustained them financially. The IJ concluded that Petitioner satisfied the statutory criteria for cancellation except that he had not shown that his children and wife would suffer the requisite hardship from his removal. See IJ Dec. at 16-20. The IJ confirmed that Juarez-Vargas’ removal would cause economic hardship and emotional harm, but that he did not show exceptional hardship or that it would substantially differ from another person’s challenges in a similar position. Id. at 20. In addition, the IJ also declined to grant the cancellation application as a discretionary matter because Petitioner’s negative factors outweighed the favorable equities in light of his criminal record of …
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