Argeta-Ciera v. Garland ( 2023 )

Case: 22-60463 Document: 00516739058 Page: 1 Date Filed: 05/04/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-60463
Summary Calendar FILED
____________ May 4, 2023
Lyle W. Cayce
Jose Argeta-Ciera, Clerk
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
______________________________
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A216 075 192
______________________________
Before Davis, Higginson, and Douglas, Circuit Judges.
Per Curiam: *
Jose Argeta-Ciera, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’s (BIA) decision dismissing his
appeal from the immigration judge denial of his application for cancellation
of removal. We review de novo whether jurisdiction exists to decide an issue.
Arulnanthy v. Garland, 17 F.4th 586, 592 (5th Cir. 2021).
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-60463 Document: 00516739058 Page: 2 Date Filed: 05/04/2023
No. 22-60463
On review, Argeta-Ciera argues that the BIA erred in determining that
he failed to establish the requisite hardship to his relatives in order to qualify
for cancellation of removal. We lack the jurisdiction to review the denial of
certain types of discretionary relief, including cancellation of removal under
8 U.S.C. § 1229b. 8 U.S.C. § 1252(a)(2)(B)(i). The hardship determination
for cancellation of removal “is a discretionary and authoritative decision”
that “is beyond [this court’s] review” pursuant to § 1252(a)(2)(B)(i).
Castillo-Gutierrez v. Garland, 43 F.4th 477, 481 (5th Cir. 2022).
Accordingly, Argeta-Ciera’s petition for review is DISMISSED.
The Government’s motion to dismiss is DENIED as moot.
2