NOT RECOMMENDED FOR PUBLICATION File Name: 21a0569n.06 No. 21-3263 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Dec 07, 2021 MELCHOR GARCIA-LOPEZ, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW OF v. ) THE DECISION OF THE UNITED ) STATES BOARD OF MERRICK B. GARLAND, Attorney General, ) IMMIGRATION APPEALS ) Respondent. ) Before: SUTTON, Chief Judge; SILER and READLER, Circuit Judges. SILER, Circuit Judge. Melchor Garcia-Lopez (Garcia) petitions for review of the Board of Immigration Appeals’ (BIA) and Immigration Judge’s (IJ) decisions denying his application for cancellation of removal from the United States. As Garcia has not established “exceptional and extremely unusual hardship” to his mother or daughter resulting from his removal, we DENY his petition. In 2013, Garcia received a Notice to Appear charging him with removability as a noncitizen present in the United States without being admitted or paroled. After conceding removability on the ground charged, Garcia sought cancellation of removal. “The cancellation-of-removal statute allows the Attorney General to cancel the removal of an immigrant if the immigrant satisfies four eligibility requirements[,]” only one of which is at issue here: Garcia must establish “‘that removal would result in exceptional and extremely unusual hardship to’ a qualifying relative,” here his mother or daughter. Singh v. Rosen, 984 F.3d 1142, 1147, 1151 (6th Cir. 2021) (quoting 8 U.S.C. § 1229b(b)(1)). Both the IJ and BIA concluded that Garcia failed to satisfy this requirement. Case No. 21-3263, Garcia Lopez v. Garland Garcia, a Mexican native, resides in Tennessee and manages a Mexican restaurant. His sixty-four-year-old mother, Maria de Jesus Lopez-Andrade (Lopez), has lived with him for two and a half years.1 Lopez is diagnosed with hypertension, hyperlipidemia, Type 2 diabetes, depression, and is treated for the effects of fluid retention and sleeplessness. Her conditions require regular appointments with her physician and several prescription medications. Lopez does not have health insurance, and, due to her age and health conditions, is unemployed. She does not receive government assistance, but instead relies on Garcia for financial support. Garcia pays for her medical costs as well, and, because Lopez has trouble leaving the apartment, he takes her to doctors’ appointments. Lopez has eleven other children, all of whom reside in Alabama. She has one son and one daughter who are citizens and one son who is a lawful permanent resident; her daughter successfully petitioned for Lopez to become a lawful permanent resident in 2010. About twice a month, Garcia and Lopez travel to Alabama to visit her children and grandchildren. For a while, Lopez resided with one of her other sons in Alabama, but eventually she moved in with Garcia after her other son married and lost the time and money to take care of her. If Garcia were removed to Mexico, Garcia and Lopez testified that Lopez would return with him, where they could reside in a small house she owns in Jalisco. Garcia also has a ten-year-old citizen daughter who resides in Nebraska with Garcia’s …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals