RAMIREZ CALDERON v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Andres Amador RAMIREZ CALDERON, aka Andres Ramirez, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 18-73303

Decided: October 22, 2019

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges. Bret Engstrom, Americas Law Group PLLC, Mesa, AZ, for Petitioner Chief Counsel ICE, OFFICE OF THE CHIEF COUNSEL, Department of Homeland Security, San Francisco, CA, Virginia Lum, Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM *

Andres Amador Ramirez Calderon, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to remand. Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008). We deny the petition for review.

The BIA did not abuse its discretion in denying Ramirez Calderon’s motion to remand for failure to show prima facie eligibility for cancellation of removal, where he did not provide any evidence of exceptional and extremely unusual hardship to his wife. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1080 (9th Cir. 2013) (BIA may deny the motion for failure to demonstrate prima facie eligibility for the underlying relief); 8 U.S.C. § 1229b(b)(1)(D) (requiring a showing of exceptional and extremely unusual hardship to a qualifying relative for cancellation of removal).

PETITION FOR REVIEW DENIED.