HERNANDEZ v. GARLAND

Nos. 19-2044, 21-6533 August Term 2022.

66 F.4th 94 (2023)

Oscar HERNANDEZ, aka Jorge Corrientez Perez, Petitioner, v. Merrick B. GARLAND, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: April 21, 2023.


Attorney(s) appearing for the Case

Maria Da Silva , Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates, New York, N.Y. ( Colm McInerney , Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates, New York, N.Y.; Massiel Leiva , Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates, Washington, D.C.; Julie Dona , Julia Timerman , The Legal Aid Society, New York, N.Y., on the brief), for Petitioner.

Alanna Thanh Duong , Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C. ( Brian Boynton , Principal Deputy Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C.; Jessica A. Dawgert , Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., on the brief), for Respondent.

Judge Pooler dissents in a separate opinion.


Petitioner Oscar Hernandez appeals from the denial of his application for cancellation of removal by the Board of Immigration Appeals ("BIA"). After an immigration judge ("IJ") initially granted cancellation, the BIA reversed, determining that Hernandez was statutorily eligible for cancellation...

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