Serrato Hernandez v. Garland

Case: 20-60706 Document: 00516628730 Page: 1 Date Filed: 01/31/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 20-60706

Summary Calendar FILED ____________ January 31, 2023 Lyle W. Cayce Andres Serrato Hernandez, Clerk Petitioner, versus

Merrick Garland, U.S. Attorney General,

Respondent. ______________________________

Petition for Review of an Order of the Board of Immigration Appeals Agency No. A074 298 369 ______________________________

Before Smith, Southwick, and Douglas, Circuit Judges.

Per Curiam: *

Andres Serrato Hernandez, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals dismissing his appeal of the immigration judge’s order denying cancellation of removal. The government moves to dismiss the petition for review for want of jurisdiction.

Case: 20-60706 Document: 00516628730 Page: 2 Date Filed: 01/31/2023

No. 20-60706

“This Court must examine the basis of its jurisdiction, on its own motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). To the extent that he directly urges the hardship factors to us, we lack juris- diction. See Castillo-Gutierrez v. Garland, 43 F.4th 477, 481 (5th Cir. 2022). The motion to dismiss is GRANTED, and the petition for review is DISMISSED.