Aviles-Contreras
Aviles-Contreras v. Bondi
Opinion
Opinion
facts (as found by the Agency) do not establish the requisite hardship “unless any
reasonable adjudicator would be compelled to conclude to the contrary.” Id. at
1002 (quoting 8 U.S.C. § 1252(b)(4)(B)). However, we do not “have jurisdiction
over the IJ’s finding of ‘facts underlying any determination on cancellation of
removal,’ which ‘remain unreviewable.’” Id. at 1000 n.2 (quoting Wilkinson v.
Garland, 601 U.S. 209, 225 (2024)).
Substantial evidence supports the BIA’s determination that Aviles-Contreras
failed to show extreme and unusual hardship, as required to qualify for cancellation
25-1425 of removal. 8 U.S.C. § 1229b(b)(1)(D). The record showed only that the hardship
Aviles-Contreras demonstrated was that which is expected when a close family
member is removed. See Gonzalez-Juarez, 137 F.4th at 1005–08. While Aviles-
Contreras presented evidence that his qualifying relatives may suffer emotional
and financial hardship upon his removal, the record does not compel the
conclusion that such hardship meets the exceptional and extremely unusual
hardship requirement. Id. at 999. Given the Agency’s factual findings,…