Victor Gomez v. Loretta E. Lynch

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED); Denying [4309793-2] petition for review filed by Petitioner Mr. Victor Vargas Gomez. [4393017] [15-2869]

United States Court of Appeals
For the Eighth Circuit
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No. 15-2869
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Victor Vargas Gomez
lllllllllllllllllllllPetitioner
v.
Loretta E. Lynch, Attorney General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: April 25, 2016
Filed: April 28, 2016
[Unpublished]
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Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
Mexican citizen Victor Vargas Gomez petitions for review of an order of the
Board of Immigration Appeals (BIA), dismissing his appeal from an immigration
judge’s decision denying his application for cancellation of removal under 8 U.S.C.
§ 1229b(b)(1) (permitting cancellation of removal for alien (1) physically present in
the United States continuously for at least 10 years immediately preceding application,

Appellate Case: 15-2869

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Date Filed: 04/28/2016 Entry ID: 4393017

(2) with good moral character during that period, (3) not convicted of certain offenses,
and (4) whose removal would result in exceptional and extremely unusual hardship
to alien’s spouse, parent, or child, who is a United States citizen or lawful permanent
resident). Vargas Gomez argues that the BIA erred in concluding that he did not have
the requisite continuous physical presence and that he did not establish that his
removal would result in an exceptional and extremely unusual hardship to his United
States citizen sons. We lack jurisdiction to review the discretionary determination that
Vargas Gomez had failed to establish an exceptional and extremely unusual hardship.
See Solis v. Holder, 647 F.3d 831, 833 (8th Cir. 2011). Under the conjunctive
language of section 1229b(b)(1), Vargas Gomez had to meet all four prerequisites for
cancellation of removal; thus, the hardship determination is dispositive of the matter
before us.
The petition for review is denied. See 8th Cir. R. 47B.
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Appellate Case: 15-2869

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Date Filed: 04/28/2016 Entry ID: 4393017