From Casetext: Smarter Legal Research

Duran-Barraza v. Lynch

United States Court of Appeals For the Eighth Circuit
Aug 27, 2015
612 F. App'x 869 (8th Cir. 2015)

Opinion

No. 14-3269

08-27-2015

Raymundo Duran-Barraza Petitioner v. Loretta E. Lynch, Attorney General of the United States Respondent


Petition for Review of an Order of the Board of Immigration Appeals [Unpublished] Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges. PER CURIAM.

Raymundo Duran-Barraza, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the decision of an immigration judge (IJ) denying his application for cancellation of removal. We have carefully considered the record and the parties' submissions, mindful that we do not review the discretionary denial of relief itself. See Guled v. Mukasey, 515 F.3d 872, 880 (8th Cir. 2008); see also Hernandez-Garcia v. Holder, 765 F.3d 815, 816-17 (8th Cir. 2014) (reiterating that a petitioner has no right to due process in the discretionary cancellation-of-removal remedy). In particular, we note that Duran-Barraza's petition centers around his complaint that the IJ and BIA failed to adequately consider his evidence of hardship. Significantly, however, Duran-Barraza did not seek BIA review of the IJ's findings on two other independently dispositive bases for denial of his application, namely, failure to show physical presence in the United States for ten continuous years and good moral character. See 8 U.S.C. § 1229b(b)(1) (stating the prerequisites for consideration of cancellation of removal).

We deny the petition for review.


Summaries of

Duran-Barraza v. Lynch

United States Court of Appeals For the Eighth Circuit
Aug 27, 2015
612 F. App'x 869 (8th Cir. 2015)
Case details for

Duran-Barraza v. Lynch

Case Details

Full title:Raymundo Duran-Barraza Petitioner v. Loretta E. Lynch, Attorney General of…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Aug 27, 2015

Citations

612 F. App'x 869 (8th Cir. 2015)