Mascorro

dissenting:

My reading of the record suggests that the Immigration Judge did more than simply recite the proper legal standard for considering cumulative evidence of hardship, she actually applied it:

On this record, I cannot say that the record compels the conclusion the majority reaches. I would deny relief.

MEMORANDUM *

Petitioners Salvador Rodriguez Mascor-ro and Delfina Rodriguez appeal the BIA’s affirmance of the Immigration Judge’s (“IJ”) denial of their applications for cancellation of removal. The IJ found that Petitioners had been physically present for the requisite period and had proved their good moral character. The IJ concluded, however, that none of Petitioners’ five children nor Petitioners’ parents would suffer exceptional or extremely unusual hardship if Petitioners were removed.

Petitioners do not ask this court to reweigh the evidence of exceptional and extremely unusual hardship. Rather, they argue that the IJ did not apply the correct legal standard to their claim because, instead of weighing the evidence of hardship to their relatives cumulatively, the IJ looked at the hardship to each qualifying relative separately and determined that Petitioners’ removal would not cause hardship to any one relative. Petitioners also contend that they were deprived of a full and fair hearing because the IJ abandoned her role as a neutral factfinder through aggressive questioning and hostile editorializing. For the reasons set forth below, we grant the petition and remand to…