Case Summary
**Case Summary: Salazar-Luviano v. Holder, Docket No. 7851190**
**Court:** United States Court of Appeals for the Ninth Circuit
**Case Background:**
Salazar-Luviano, a native and citizen of Mexico, sought review of the Board of Immigration Appeals (BIA) decision denying his application for adjustment of status and cancellation of removal. He was apprehended after attempting to enter the United States without proper documentation and was placed in removal proceedings. Salazar-Luviano argued that he met the requirements for cancellation of removal based on the hardship his removal would impose on his U.S. citizen children.
**Legal Issues:**
The central legal issue in the case is whether Salazar-Luviano qualifies for cancellation of removal under Section 240A(b) of the Immigration and Nationality Act (INA), which requires showing both continuous presence in the United States for certain years and demonstrating that removal would result in exceptional and extremely unusual hardship to qualifying relatives.
**Court's Findings:**
The Ninth Circuit reviewed the BIA’s decision which upheld the Immigration Judge’s ruling. The court found that the BIA did not abuse its discretion in denying the application for cancellation of removal. It determined that Salazar-Luviano failed to provide sufficient evidence of the exceptional hardship his children would suffer in the event of his removal.
**Conclusion:**
The Ninth Circuit upheld the BIA's decision, concluding that Salazar-Luviano did not meet the burden of proof required to demonstrate eligibility for cancellation of removal under U.S. immigration law. As a result, Salazar-Luviano's petition for review was denied, and the order of removal was affirmed.
**Significance:**
This case underscores the significant burden of proof on applicants for cancellation of removal, particularly in demonstrating exceptional and extremely unusual hardship to qualifying family members. It highlights the stringent standards set by immigration law in assessing cases involving family separation due to removal.