United States Third Circuit

A Mexican citizen's petition for review of BIA's final order of removal is granted in part, denied in part, dismissed in part, and remanded where: 1) the petition is denied insofar as it attacks Matter of Monreal and the BIA's interpretation of the cancellation of removal statute's hardship standard; 2) the petition is granted to the extent it relates to the BIA's consideration of the number of petitioner's qualifying relatives, and the matter is remanded to the BIA for the limited purpose of allowing it to clarify or to reconsider its application of Matter of Recinas to this case; and 3) the remainder of the petition is dismissed for lack of jurisdiction.

Appellate Information

• Argued 06/23/2010
• Decided 07/29/2010
• Published 07/29/2010

Judges

• FISHER

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David A. Isaacson, Linda Y. Cheng