Mr. Montanez-Gonzalez is the father of 3 U.S.-citizen children, including an academically talented daughter, and another daughter suffering from elevated levels of lead in her blood.  Unfortunately, he only sought to introduce evidence of the latter daughter's health concerns after the evidentiary record had been closed, and the Judge refused to admit it.  Nevertheless, the Sixth Circuit affirmed the Judge's denial of cancellation of removal on hardship grounds, finding that even if the exclusion of the medical evidence was a due process violation (a finding it declined to make), it did not prejudice Mr. Montanez-Gonzalez's proceedings, as it would not have led to a different outcome.  Notably, the Judge acknowledged the medical record in his oral decision denying cancellation, even though he did not admit the record into evidence.

The Sixth Circuit also found no fault with the Judge's analysis of the hardship posed by country conditions in Mexico, finding that though the Judge's articulation of the hardship standard was inartful, there was no reason to believe the Judge failed to consider all of the evidence.

You can read the full text of Montanez-Gonzalez v. Holder here: http://www.ca6.uscourts.gov/opinions.pdf/15a0042p-06.pdf

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