Mercado-Martinez
Mercado-Martinez v. Bondi
Opinion
Opinion
facts.” Gonzalez-Juarez v. Bondi, 137 F.4th 996, 1003 (9th Cir. 2025). Mercado
contends that the agency erred by failing to properly assess the hardship to his U.S.
citizen daughter. He contends that the agency improperly found that hardship to his
daughter would be ameliorated by his reunion with his other children in Mexico and
failed to consider she would lose her only biological parent. Because of this, he
argues, the agency also erred in its cumulative assessment analysis.
We disagree. The BIA independently assessed the harm to each of Mercado’s
qualifying children, and both the BIA and IJ stated they considered the entire record
or totality of the circumstances in reaching their decision. Gonzalez-Juarez, 137
F.4th at 1008 (noting that, although the agency “must consider all of the evidence
22-53 before it,” it need not “individually identify and discuss every piece of evidence in
the record”) (cleaned up). The BIA and IJ expressly considered hardship to
Mercado’s citizen daughter, including the emotional harm of losing visits with her
father, but concluded it was not exceptional or extremely unusual. They also noted
that…