Case: 17-15289 Date Filed: 08/17/2018 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15289 Non-Argument Calendar ________________________ Agency No. A095-073-788 NIMROD HERNANDEZ-HERNANDEZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (August 17, 2018) Before WILLIAM PRYOR, JILL PRYOR and ANDERSON, Circuit Judges. PER CURIAM: Case: 17-15289 Date Filed: 08/17/2018 Page: 2 of 7 Nimrod Hernandez-Hernandez petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the denial of his application for cancellation of removal under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. (“INA”), based on a determination that he lacked good moral character. For the reasons that follow, we dismiss Hernandez-Hernandez’s petition. I. Hernandez-Hernandez, a native and citizen of Honduras, entered the United States without inspection in 1998. The Department of Homeland Security filed a Notice to Appear in July 2012, charging that Hernanez-Hernandez was removable for being an alien present in the United States without having been admitted or paroled. Hernandez-Hernandez conceded that he was removable and informed the immigration judge (“IJ”) that he would seek cancellation of removal as a non- lawful permanent resident. He filed an application for cancellation of removal. At a hearing before the IJ in July 2014, at which Hernandez-Hernandez was represented by counsel, he argued that he met the requirements for cancellation of removal because: he had been physically present in the United States since 1998, (2) he had two financially dependent children who were U.S. citizens, (3) he had good moral character, and (4) his children would have exceptional and unusual 2 Case: 17-15289 Date Filed: 08/17/2018 Page: 3 of 7 hardship if he were removed. The IJ reserved her decision because there were no visa numbers available at that time. 1 At a hearing in May 2016, the IJ stated that she had been inclined to grant Hernandez-Hernandez’s application for cancellation of removal during the July 2014 hearing, but that Hernandez-Hernandez subsequently had been arrested for driving under the influence, which “undercut[] the discretionary ground of his case.” AR at 47. 2 She stated that Hernandez-Hernandez would need to rehabilitate his good moral character. Hernandez-Hernandez testified that in July 2015 he was driving after having “two or three” drinks and had backed into another car while trying to maneuver around a collision in the road. Id. at 52. He was arrested for driving under the influence but was given a ticket for reckless driving. The criminal record of the incident included a victim statement, in which the victim represented that Hernandez-Hernandez had attempted to run away after the accident, which Hernandez-Hernandez denied. The criminal record also reflected that Hernandez-Hernandez had refused a breathalyzer test and smelled of alcohol. 1 Congress limits the number of available visas that can be issued each fiscal year. See 8 U.S.C. § 1299b(e) (“[T]he Attorney General may not cancel the removal and adjust the ...
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