United States Ninth Circuit

A Mexican national's petition for review of BIA's denial of her application for cancellation of removal is: 1) dismissed for lack of jurisdiction on petitioner's claim that the denial of cancellation deprived her of due process where a different IJ had four years earlier granted relief to her husband on similar facts; but 2) vacated and remanded on petitioner's claim that the BIA erred in relying on a categorical rule that the availability of alternative lawful means to immigrate necessarily undercuts an alien's claim of hardship due to a qualifying relative.

Appellate Information

• Decided 12/26/2012
• Published 12/26/2012

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel