Juarez-Morales v. Barr

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT July 2, 2020 _________________________________ Christopher M. Wolpert Clerk of Court LIVIA JUAREZ-MORALES, Petitioner, v. No. 19-9571 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before BRISCOE, MATHESON, and EID, Circuit Judges. _________________________________ After an immigration judge (IJ) denied her application for cancellation of removal and ordered her removed to Mexico, Livia Juarez-Morales (Ms. Juarez) appealed to the Board of Immigration Appeals (BIA). The BIA dismissed her appeal and denied her motions seeking a remand to the IJ. Ms. Juarez petitions for review of the BIA’s order. Exercising jurisdiction under 8 U.S.C. § 1252(a), we deny the petition for review. * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. I. A. Ms. Juarez is a native and citizen of Mexico. She entered the United States on or about August 26, 1997. She is single and has four United States citizen children, born between 1999 and 2012. On April 12, 2011, the Department of Homeland Security (DHS) served a Notice to Appear (NTA) on Ms. Juarez. The NTA alleged that she had arrived in the United States without being admitted or paroled after inspection. It ordered her to appear before an IJ at a date and time “to be set.” R. at 498. The DHS later served a Notice of Hearing (NOH) on Ms. Juarez requiring her appearance at an IJ hearing scheduled for May 25, 2011. She appeared at the hearing. At later hearings she conceded that she was removable and designated Mexico as the country of removal. She also applied for cancellation of removal. In March 2017, the IJ held a hearing on Ms. Juarez’s amended application for cancellation of removal. She testified at the hearing in support of the application. Ms. Juarez stated that she is her children’s primary provider and caretaker. She has a job and cleans houses on her own to earn money for their care. The children’s biological father, Mr. Gonzalez, does not provide financial support and does not take care of the children. Ms. Juarez testified she has been in the United States since 1997, except for a brief departure in 2004. On December 4, 2004, the border patrol stopped her in Arizona. One of her sons was still breastfeeding, and the agents told her she would 2 be placed in a different cell from her children. To avoid this separation, she agreed to voluntarily return to Mexico. She left, but ...

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