Court Limits BIA Authority: No Deference in Hardship Cases
The Fifth Circuit has affirmed the agency’s hardship finding in a cancellation of removal case, finding that even if it accorded that determination no deference, the applicant had not established that his U.S.-citizen son would suffer exceptional and extremely unusual hardship without him.
The full text of Cuenca-Arroyo v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/23/23-60100.CV0.pdf
