NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 20-2776 ROBERTO SAAVEDRA SANTOS, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES On Petition for Review of an Order of the Board of Immigration Appeals (BIA-1: A206-033-440) Immigration Judge: Lisa de Cardona Submitted Under Third Circuit L.A.R. 34.1(a) on April 23, 2021 Before: AMBRO, RESTREPO, Circuit Judges, and NOREIKA,* District Judge (Opinion Filed May 12, 2021) OPINION** * The Honorable Maryellen Noreika, United States District Judge for the District of Delaware, sitting by designation. ** This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. NOREIKA, District Judge Petitioner Roberto Saavedra Santos seeks review of a final order of removal issued by the Board of Immigration Appeals denying his application for cancellation of removal. For the following reasons, the petition will be dismissed for lack of jurisdiction. I. Saavedra is a native and citizen of Mexico who entered the United States without admission by an immigration officer in October 2002. He asserts that he has not left the United States since then, A.R. 279, and that he has no relatives remaining in Mexico, A.R. 176. Saavedra’s wife is also a native and citizen of Mexico who has no legal status in the United States. Saavedra has two U.S. citizen children: a stepson born in 2007 and a biological son born in 2014. He is the primary, if not sole, source of income for his household and is the only father figure for his stepson, whose biological father is dead. A.R. 173–74, 279–80. A. Proceedings Before the Immigration Court On October 31, 2013, the Department of Homeland Security initiated removal proceedings by serving Saavedra with a Notice to Appear (“NTA”) which alleged that he violated the Immigration and Nationality Act by entering the United States without admission or parole. See 8 U.S.C. § 1182(a)(6)(A)(i). In a hearing on December 17, 2013, Saavedra, represented by counsel, admitted the factual allegations in the NTA and conceded his removability. A.R. 63–64. In 2016 after a series of continuances, he came represented by new counsel and applied for cancellation of removal on the ground that his removal would cause “exceptional and extremely unusual hardship” to his children. 2 A.R. 107–09, 222, 486–96; see 8 U.S.C. § 1229b(b)(1)(D). In the alternative, Saavedra sought a discretionary grant of voluntary departure. See 8 U.S.C. § 1229c(a). In May 2017, the Immigration Judge held a merits hearing on Saavedra’s cancellation application, at which he and his sister testified. Saavedra testified that his stepson’s biological father had hanged himself when the stepson was between three and four years old, approximately one year before Saavedra moved in with his wife and stepson. He further testified that he was the only source of financial support for his wife and children and that they would face financial and emotional hardship if he were removed to Mexico. In a written decision issued on August 7, 2018, the Immigration Judge denied Saavedra’s application …
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