Sanchez-Coronado

Sanchez-Coronado v. Holder

Good Law
330 F. App'x 653
United States Court of Appeals for the Ninth CircuitMay 20, 2009No. 05-72753California394 words

Opinion

Lead Opinion

*654 MEMORANDUM **

Maria Dolores Sanchez-Coronado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal of an Immigration Judge’s decision denying her application for cancellation of removal.

Sanchezr-Coronado sought cancellation of removal on the basis of hardship to her two United States citizen children, one of whom suffers from asthma. The IJ denied Sanchez-Coronado’s application after determining that she failed to establish that her removal would result in “exceptional and extremely unusual hardship” to either child. 8 U.S.C. § 1229b(b)(l)(D).

The BIA, in affirming the IJ’s decision, stated in one paragraph that Sanchez-Coronado did not qualify for cancellation because “she has not demonstrated that her United States citizen child would suffer exceptional and extremely unusual hardship” if she were returned to Mexico. The BIA references only one “child” even though Sanchez-Coronado has two citizen children. Her application identified both, and her testimony, as well as the medical evidence, discussed both children. The BIA’s disposition thus indicates that the BIA failed to grasp the fundamental facts of the…

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