FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT January 16, 2020 Christopher M. Wolpert Clerk of Court SERGIO NAVA-HERNANDEZ, Petitioner, v. No. 19-9546 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. ORDER AND JUDGMENT * Before BRISCOE, McHUGH, and MORITZ, Circuit Judges. After the United States Department of Homeland Security (“DHS”) initiated removal proceedings against him, Sergio Nava-Hernandez requested cancellation of removal under 8 U.S.C. § 1229b(b)(1). An immigration judge denied Mr. Nava- Hernandez’s request because he failed to establish that removal would result in exceptional and extremely unusual hardship to his U.S. citizen daughter, and the Board of * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Federal Rule of Appellate Procedure 32.1 and 10th Circuit Rule 32.1. Immigration Appeals (“BIA”) affirmed. Mr. Nava-Hernandez now petitions for review of the BIA’s decision. Because we do not have jurisdiction over the arguments raised in the petition, we dismiss. BACKGROUND On November 3, 2008, DHS issued Mr. Nava-Hernandez a Notice to Appear (“NTA”) before an immigration judge in Denver, Colorado, to adjudicate his removal from the United States. In the NTA, DHS alleged that Mr. Nava-Hernandez is a citizen of Mexico who entered the United States without inspection in 1996. The NTA described the “date” of Mr. Nava-Hernandez’s hearing as “a date to be set” and the “time” as “a time to be set.” AR 677. Three days later, the Denver immigration court mailed Mr. Nava-Hernandez a notice explaining that his case had been scheduled for a hearing on January 20, 2009, at 1:00 P.M. Over the subsequent decade, the immigration court mailed Mr. Nava- Hernandez many similar notices, each of which specified a time and date for the relevant proceeding. Finally, on January 31, 2018, the immigration court held a merits hearing to adjudicate Mr. Nava-Hernandez’s removal. Mr. Nava-Hernandez conceded the charge in the NTA and moved for cancellation of removal under 8 U.S.C. § 1229b(b)(1).1 Specifically, he argued that removal would 1 Section 1229b(b)(1) provides that: The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien— 2 result in exceptional and extremely unusual hardship to his seventeen-year old daughter. Mr. Nava-Hernandez presented evidence—based on visits with therapists in 2011 and 2016—that his daughter suffers from depression or an anxiety disorder as a result of her father’s long-pending removal from the United States. He also presented evidence that she suffers from chronic asthma. Mr. Nava-Hernandez further argued ...
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