Elisa Lopez-Vasquez v. Bondi

Summary

The Eighth Circuit denied Elisa Lopez-Vasquez’s petition for review of a Board of Immigration Appeals decision denying cancellation of removal and voluntary departure. The court held that her due process claims failed because cancellation of removal is discretionary, substantial evidence supported the hardship determination, and her voluntary-departure claims were moot after her deportation.

Holdings

1. A noncitizen has no constitutionally cognizable liberty interest in the discretionary relief of cancellation of removal and therefore cannot state a due process claim based on its denial.
2. The BIA's determination that removal would not cause exceptional and extremely unusual hardship to Lopez-Vasquez's citizen children was supported by substantial evidence.
3. The BIA did not abuse its discretion in denying Lopez-Vasquez's motion to remand because she failed to establish that the new evidence was unavailable earlier or material enough to likely change the outcome.
4. The court lacked Article III jurisdiction to review Lopez-Vasquez's voluntary-departure claims because her deportation rendered those claims moot.

Questions Presented

1. Whether the BIA violated Lopez-Vasquez's Fifth Amendment due process rights by failing to conduct a holistic, family-wide hardship inquiry, applying an unconstitutionally vague hardship standard, or ignoring new hardship evidence.
2. Whether the BIA improperly concluded that removal would not cause Lopez-Vasquez's U.S.-citizen children exceptional and extremely unusual hardship under 8 U.S.C. § 1229b(b)(1)(D).
3. Whether the BIA abused its discretion by denying Lopez-Vasquez's motion to remand for consideration of new evidence.
4. Whether the court could review Lopez-Vasquez's claims concerning voluntary departure after she had been deported.

Disposition

other