Edgar Lara v. U.S. Attorney General

Case: 19-12013 Date Filed: 09/16/2020 Page: 1 of 4 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12013 Non-Argument Calendar ________________________ Agency No. A 094-369-555 EDGAR LARA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (September 16, 2020) Before WILSON, JILL PRYOR, and BRASHER, Circuit Judges. PER CURIAM: Case: 19-12013 Date Filed: 09/16/2020 Page: 2 of 4 Edgar Lara asks us to review a decision of the Board of Immigration Appeals denying his motion to reopen his removal proceedings to consider new evidence of hardship supporting his application for cancellation of removal. We lack jurisdiction and therefore dismiss the petition. We review our subject matter jurisdiction de novo. Amaya-Artunduaga v. U.S. Att’y Gen., 463 F.3d 1247, 1250 (11th Cir. 2006) (per curiam). Congress has precluded review of “any judgment regarding the granting of relief under section . . . 1229b,” which provides for cancellation of removal, except to the extent that such review involves “constitutional claims or questions of law.” 8 U.S.C. § 1252(a)(2)(B)(i) & (D); id. § 1229b; Patel v. U.S. Att’y Gen., ___ F.3d ___, No. 17-10636, 2020 WL 4873196, at *1 (11th Cir. Aug. 19, 2020) (en banc). Sitting en banc, we recently adopted an “expansive” interpretation of § 1252(a)(2)(B)(i). Patel, 2020 WL 4873196, at *1–12. We held that “§ 1252(a)(2)(B)(i) precludes us from reviewing ‘whatever kind’ of judgment ‘relating to’ the granting of relief under the five enumerated sections,” including cancellation of removal. Id. at *11. The term “judgment” includes “all decisions made by the BIA.” Id. at *15. Though Patel did not concern a denial of a motion to reopen, the BIA’s denial of Lara’s motion to reopen must fall under the umbrella of our expansive interpretation of § 1252(a)(2)(B)(i) in Patel. After all, it is a “decision made by the BIA” “relating to” the granting of relief in the form of cancellation of removal. 2 Case: 19-12013 Date Filed: 09/16/2020 Page: 3 of 4 See Patel, 2020 WL 4873196, at *11, *15. Therefore, we may review the BIA decision only if Lara raises a constitutional claim or a question of law. See 8 U.S.C. § 1252(a)(2)(D). He does not. No matter how Lara paints his challenge, at bottom he disagrees with “the weight of the new evidence,” a phrase that calls to mind a factual dispute, not a legal one. See Mazariegos v. Office of U.S. Att’y Gen., 241 F.3d 1320, 1323 (11th Cir. 2001) (“We have described the substantial evidence test [used to review factual determinations] as ‘deferential,’ and have emphasized we may not ‘re-weigh the evidence’ from scratch.”). To be sure, Lara invokes the “arbitrary and capricious” standard, which could have feasibly portended a legal question. But in the end Lara fails to articulate a reviewable legal question. In any event, Patel also forecloses our review because Lara essentially seeks to challenge the BIA’s determination that Lara had still failed to show ...

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