USCA11 Case: 21-10926 Date Filed: 02/01/2022 Page: 1 of 7 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-10926 Non-Argument Calendar ____________________ RAFAEL LAGUNES-BARRADAS, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A205-570-510 ____________________ USCA11 Case: 21-10926 Date Filed: 02/01/2022 Page: 2 of 7 2 Opinion of the Court 21-10926 Before ROSENBAUM, GRANT, and HULL, Circuit Judges. PER CURIAM: Rafael Lagunes-Barradas petitions for review of the order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of his application for cancellation of removal. After review, we dismiss Lagunes-Barradas’s petition for lack of jurisdiction. I. FACTS AND PROCEDURAL HISTORY A. 2012–2018 In 1993, Lagunes-Barradas, a native and citizen of Mexico, entered the United States without inspection. In 2012, the Department of Homeland Security issued Lagunes-Barradas a notice to appear, charging him as removable under Immigration and Nationality Act (“INA”) § 212(a)(6)(A)(i), 8 U.S.C. § 1182(a)(6)(A)(i), because he was present in the United States without having been admitted or paroled. In 2012, Lagunes-Barradas applied for cancellation of removal. His application stated that his three U.S. citizen children would experience exceptional and extremely unusual hardship (“EEUH”) if he were removed. At an initial hearing on March 27, 2013, Lagunes-Barradas, through counsel, conceded removability as charged. He explained that his request for cancellation of removal was based on his 1993 USCA11 Case: 21-10926 Date Filed: 02/01/2022 Page: 3 of 7 21-10926 Opinion of the Court 3 entry and his three U.S. citizen children, ages 17, 14, and 11. The IJ set a master hearing for August 2013. For reasons not reflected in the administrative record, Lagunes-Barradas’s next hearing did not take place until May 10, 2016. At that hearing, the IJ set a merits hearing for November 18, 2018. B. 2018–2021 By the time of the merits hearing—which took place on November 26, 2018—Lagunes-Barradas’s children were 23, 19, and 16. At the 2018 hearing, Lagunes-Barradas testified that (1) his oldest son was in good health and (2) he and his son worked together in a family-owned company remodeling and painting houses. Lagunes-Barradas agreed that his two remaining children were in good health and doing well in school. At the end of the hearing, the IJ issued an oral decision denying Lagunes-Barradas’s application for cancellation of removal. As to hardship, the IJ noted that Lagunes-Barradas had two qualifying family members, his teenage children, and that his 23-year-old son did not qualify because the statute set the age limit at 21. The IJ found that Lagunes-Barradas had not shown that his children would experience EEUH because they did not suffer from serious medical conditions or have special educational needs, which it explained the BIA had “made clear [were] the types of cases that may well be a candidate” for EEUH consideration. Instead, the types of financial and emotional hardships Lagunes- USCA11 Case: 21-10926 Date Filed: 02/01/2022 Page: 4 of 7 4 …
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