Eugenio Alonso-Juarez v. Pamela Bondi
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
The Eighth Circuit denied Eugenio Alonso-Juarez’s petition for review, upholding the Board of Immigration Appeals’ refusal to continue removal proceedings and its finding that deportation would not impose "exceptional and extremely unusual hardship" on his U.S.-citizen children. In doing so, the court identified the proper standard of appellate review for post-Wilkinson hardship determinations and held that they are reviewed for substantial evidence.
Circuit Split Identified
Legal Issue
What standard of appellate review applies to the BIA’s determination that an alien failed to establish "exceptional and extremely unusual hardship" for purposes of cancellation of removal under 8 U.S.C. § 1229b(b)(1)(D) after Wilkinson v. Garland (2024).
Circuit Positions
Review hardship determinations for substantial evidence.
Review hardship determinations for clear error.
Conflict Summary
Most circuits to consider the question hold that the hardship determination is a fact-intensive mixed question reviewed for substantial evidence under 8 U.S.C. § 1252(b)(4)(B), whereas the Second Circuit applies clear-error review.