Santiago Osorio v. Bondi

U.S. Court of Appeals for the Ninth Circuit

Santiago Osorio v. Bondi

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 14 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT FRANCISCO SANTIAGO OSORIO, No. 22-2092

Agency No.

Petitioner, A205-713-196 v.

MEMORANDUM* PAMELA BONDI, Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted August 19, 2025** Before: SILVERMAN, HURWITZ, and BADE, Circuit Judges.

Francisco Santiago Osorio, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). evidence whether the agency erred in applying the exceptional and extremely unusual hardship standard to a given set of facts. Gonzalez-Juarez v. Bondi, 137 F.4th 996, 1003 (9th Cir. 2025). We review de novo questions of law and constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

Substantial evidence supports the agency’s determination that Santiago Osorio has not shown exceptional and extremely unusual hardship to qualifying relatives. See Gonzalez-Juarez, 137 F.4th at 1006 (petitioner must show hardship “substantially beyond the ordinary hardship that would be expected when a close family member leaves the country” (citation and internal quotation marks omitted)).

Santiago Osorio does not challenge the agency’s determination that the evidence he submitted on appeal to the BIA did not warrant a remand, so we do not address it. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013).

We reject as unsupported by the record Santiago Osorio’s contentions that the agency violated due process and failed to apply the correct legal standards, consider all the evidence, and assess the hardship in the aggregate.

The temporary stay of removal remains in place until the mandate issues. The motion to stay removal is otherwise denied.

PETITION FOR REVIEW DENIED.

2 22-2092

Reference

Status
Unpublished