Filed: Aug. 27, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-3269 _ Raymundo Duran-Barraza lllllllllllllllllllllPetitioner v. Loretta E. Lynch, Attorney General of the United States1 lllllllllllllllllllllRespondent _ Petition for Review of an Order of the Board of Immigration Appeals _ Submitted: August 24, 2015 Filed: August 27, 2015 [Unpublished] _ Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges. _ PER CURIAM. 1 Loretta E. Lynch has been appointed to serve as Attorney General of the Unite
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-3269 _ Raymundo Duran-Barraza lllllllllllllllllllllPetitioner v. Loretta E. Lynch, Attorney General of the United States1 lllllllllllllllllllllRespondent _ Petition for Review of an Order of the Board of Immigration Appeals _ Submitted: August 24, 2015 Filed: August 27, 2015 [Unpublished] _ Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges. _ PER CURIAM. 1 Loretta E. Lynch has been appointed to serve as Attorney General of the United..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-3269
___________________________
Raymundo Duran-Barraza
lllllllllllllllllllllPetitioner
v.
Loretta E. Lynch, Attorney General of the United States1
lllllllllllllllllllllRespondent
____________
Petition for Review of an Order of the
Board of Immigration Appeals
____________
Submitted: August 24, 2015
Filed: August 27, 2015
[Unpublished]
____________
Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.
____________
PER CURIAM.
1
Loretta E. Lynch has been appointed to serve as Attorney General of the
United States and is substituted as respondent under Rule 43(c) of the Federal Rules
of Appellate Procedure.
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.
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